What Is a Spent Conviction?

What Is a Spent Conviction in WA and can I get one at sentencing?

One of the most common concerns people have when facing a criminal charge is whether they will end up with a criminal record. A conviction can affect employment opportunities, professional registrations, travel plans and future career prospects. Fortunately, Western Australian law allows some people to obtain a Spent Conviction Order at the time they are sentenced. If granted, a spent conviction can significantly reduce the long-term impact of a criminal charge.

What is a Spent Conviction?

A spent conviction is a conviction that generally does not need to be disclosed in many situations and will not usually appear on a standard National Police Certificate. Importantly, a spent conviction does not mean the conviction has been erased or that it never occurred. Rather, the law limits when and how the conviction must be disclosed. For many people, a spent conviction can make a significant difference when applying for: • Employment. • Professional registrations. • Volunteer positions. • Educational opportunities. • Housing applications. • Insurance applications.

Can I get a Spent Conviction in WA?

Possibly. In Western Australia, there are two main ways a conviction may become spent:

1. A Spent Conviction Order granted by the sentencing court under section 45 of the Sentencing Act 1995 (WA).
2. A conviction becoming spent at a later date under the Spent Convictions Act 1988 (WA).

This article focuses on obtaining a Spent Conviction Order at the time of sentencing, which is often the most beneficial outcome.

How do I get a Spent Conviction Order at sentencing?

A Spent Conviction Order is not automatic. Your lawyer must ask the court to consider making the order, and the court must be persuaded that it is appropriate in the circumstances. The grant of a Spent Conviction Order is discretionary, meaning that even if you are eligible, the court is not required to grant one.

What does the court consider?

When deciding whether to grant a Spent Conviction Order, the court may consider matters including: • The nature and seriousness of the offence. • Your character and personal circumstances. • Your age. • Your antecedents and criminal history. • Your health or mental condition. • The likelihood of reoffending. • The impact a conviction may have on your future. The court must be satisfied that recording the conviction is not justified in the circumstances.

Can I get a Spent Conviction if I go to Prison?

No. If you receive a term of imprisonment, you cannot receive a Spent Conviction Order at sentencing, but you may be able to apply in the future.

Why is a Spent Conviction important?

For many people, the greatest penalty is not the fine imposed by the court but the ongoing consequences of having a criminal record. A recorded conviction may affect: • Employment applications. • Professional licences. • Security clearances. • Volunteer positions. • Visa and migration applications. • Insurance applications. A Spent Conviction Order can help reduce many of these consequences.

Will a Spent Conviction show on a Police Clearance?

In many cases, no. A spent conviction will generally not appear on a standard National Police Certificate. This is one of the main reasons people seek a Spent Conviction Order. However, there are important exceptions. Certain government agencies, licensing authorities and organisations responsible for working with vulnerable people may still have access to information about spent convictions. The disclosure requirements vary depending on the purpose of the check and the legislation that applies.

Do pending charges show on a Police Clearance?

Yes. Many people are surprised to learn that a National Police Certificate may contain information about charges that have not yet been finalised by a court. Pending criminal charges appear on a police clearance even though no conviction has been recorded. This can have significant consequences for employment and professional registration applications. If you are facing criminal charges and require a police clearance for work or licensing purposes, it is important to obtain legal advice as early as possible.

What are the benefits of a Spent Conviction?

A Spent Conviction Order may assist with: Employment Opportunities Many employers require police clearances as part of the recruitment process. A spent conviction may reduce the impact of a past offence on future employment prospects. Professional Registrations Certain occupations require ongoing registration or licensing. A spent conviction may assist in reducing barriers to entering or remaining in those professions. Travel and Migration Some countries require criminal history information when assessing visa applications. A spent conviction may improve a person's position, although disclosure obligations vary between jurisdictions. Moving Forward For many people, a spent conviction provides an opportunity to move beyond a mistake and focus on the future.

Are there exceptions to the Spent Convictions Scheme?

Yes. A spent conviction does not remove all disclosure obligations. There are circumstances where spent convictions may still need to be disclosed, including some situations involving: • Working with children. • Firearms licensing. • Certain government positions. • Security-sensitive employment. • Casino licensing and regulation. • Professional registrations. The exact requirements depend on the position and the legislation involved.

Should I ask for a Spent Conviction Order?

If you are eligible, it is often worth considering. Many people do not realise that a Spent Conviction Order can be sought at the time of sentencing. Once sentencing has occurred, an opportunity may have been lost that could have significantly reduced the long-term impact of the conviction. This is particularly important for: • Students. • Apprentices. • FIFO workers. • Teachers. • Nurses. • Security workers. • Professionals requiring registration or licensing.

Can a lawyer help me get a Spent Conviction?

Yes. A criminal lawyer can: • Assess whether you may be eligible. • Gather supporting material. • Prepare submissions. • Present evidence of good character. • Explain the impact a conviction may have on your future. • Make submissions in support of a Spent Conviction Order. Proper preparation can significantly improve the quality of the application placed before the court.

Need advice about a Spent Conviction in WA?

This is general information only. If you are facing sentencing and are concerned about the impact of a criminal record on your employment, career or future opportunities, it is important to obtain legal advice before sentence is imposed. Boudica Criminal Law regularly assists clients in Busselton, Bunbury, Margaret River, Dunsborough and throughout Western Australia with sentencing matters and applications for Spent Conviction Orders. For more information, visit our Spent Convictions service page or contact Boudica Criminal Law to discuss your circumstances.

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