A criminal conviction can have long-lasting effects on a person’s life, even years after the offence was committed. To address this, the Criminal Records Act 1991 (NSW) outlines the rules around spent convictions. This legal framework is designed to reduce the impact of minor or old convictions and help individuals reintegrate into society without ongoing discrimination.

What Is a Spent Conviction?

A spent conviction is a criminal conviction that, after a specified period of time without further offending, allows individuals to move forward without the burden of disclosing certain past offences. The aim is to reduce discrimination based on historical, less serious convictions.

When Does a Conviction Become Spent?

The time it takes for a conviction to become spent depends on the age of the offender at the time of the offence and whether any further convictions have occurred.

• For Adults: A conviction becomes spent after 10 consecutive years without any further convictions that could result in imprisonment.
• For Children (Under 18): The conviction becomes spent after 3 consecutive crime-free years.
• No Conviction Recorded: If a court finds an offence proven but does not record a conviction (e.g., under section 10 of the Crimes (Sentencing Procedure) Act 1999), it is considered spent immediately.

Which Convictions Cannot Be Spent?

Not all convictions are eligible to be spent. Excluded categories include:

• Convictions with a prison sentence of more than 6 months
• Sexual offences
• Convictions against corporate entities
• Convictions specifically excluded by regulations

What Are the Effects of a Spent Conviction?

Once a conviction is spent:

• Disclosure is generally not required in most personal or professional contexts.
• Criminal history checks will usually include only unspent convictions.
• National Police Certificates typically do not list spent convictions.

However, spent convictions may still be disclosed in specific circumstances, such as in court proceedings or to law enforcement.

Additional Considerations

• National Police Checks: The appearance of a spent conviction on a police check may depend on the purpose of the check and the issuing authority’s policies.
• Regulated Professions: Some professions, such as legal practitioners or roles involving children or vulnerable people, may require disclosure of spent convictions.
• Employment: Some employers may still request full criminal history checks or ask about past offences.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

See author's posts