We are thrilled that the first part of the Spent Conviction Scheme commences today – 1 December 2021! This legislation means that mistakes of the past do not have to impact on your future. It allows you to, essentially, expunge your criminal record.

This is what you need to know:

  1. A conviction for the purposes of the Spent Conviction Scheme Act 2021 is a finding of guilt or a conviction;
  2. However, if no conviction is recorded by the Magistrate or Judge, the conviction is spent with immediate effect, subject to any conditions attached to the sentence being completed (ie, completion of an Adjourned Undertaking or payment of a fine); and
  3. For convictions (except for serious convictions), these expire after 10 years for adults and after 5 years for children or young offenders.

If you have serious conviction, you won’t have to wait too long to apply to have the conviction spent. The next phase commences in July 2022.

A serious conviction is:

  1. The conviction for which a term of imprisonment or detention was for more than 30 months;
  2. The conviction was for a sexual offence; or
  3. The conviction was for a serious violence offence.

We will be publishing more information on our blog once the next phase of the Spent Conviction Scheme comes into effect. However, you can learn more by going to the Spent Convictions Scheme page on our website and also by visiting the Magistrates’ Court Website. Better yet, make an appointment with one of our experienced criminal defence lawyers to obtain the best advice regarding how to prepare your Application. It could be life changing for you!