Spent Convictions and Criminal Records

At Drinkwater Criminal and Family Lawyers, we understand the significant impact a criminal record can have on your personal and professional life. Serving clients in Forster, Taree, Newcastle and surrounding areas, our experienced legal team provides comprehensive advice on spent convictions, criminal history checks, and the implications of your record.

Understanding Spent Convictions in New South Wales

In New South Wales, the Criminal Records Act 1991 establishes a scheme that allows certain convictions to become 'spent' after a specified crime-free period. Once a conviction is spent, it generally does not need to be disclosed and will not appear on most criminal history checks.

Eligibility for a Conviction to Become Spent

Most convictions can become spent if the following conditions are met:

  • Crime-Free Period: The individual must not commit any further offences for a continuous period of:

    • 10 years for adults

    • 3 years for juveniles

  • Sentence Limit: The conviction did not result in a prison sentence of more than six months.

However, certain convictions are ineligible to be spent, including:

  • Convictions for sexual offences

  • Convictions imposed against corporate bodies

  • Convictions prescribed by regulations

Implications of a Spent Conviction

Once a conviction is spent:

  • Non-Disclosure: You are not required to disclose the conviction to any person for any purpose.

  • Criminal History Checks: The spent conviction will generally not appear on standard criminal history checks.

However, there are exceptions where spent convictions may still be considered, such as:

  • Applications for certain professional roles (e.g., police officers, teachers, child care workers)

  • Proceedings before specific professional bodies

Our Legal Services

  • Personalised Legal Advice: We provide tailored advice on how spent convictions legislation applies to your specific circumstances.

  • Assistance with Criminal History Checks: Our team guides you through the process of obtaining and understanding your criminal record, ensuring accuracy and clarity.

  • Advocacy for Record Corrections: If discrepancies are found in your criminal record, we assist in rectifying these issues with the relevant authorities.

Why Choose Drinkwater Lawyers

  • Local Expertise: With deep roots in Forster, Taree, Newcastle, and surrounding regions, we have a comprehensive understanding of the local legal landscape.

  • Client-Centric Approach: We prioritise your well-being, offering personalised legal strategies tailored to your unique circumstances.

  • Comprehensive Support: From initial consultations to ongoing legal assistance, we stand by you at every stage, ensuring clarity and confidence throughout the legal process.

Contact Us

Navigating the complexities of spent convictions and understanding the implications of your criminal record can be challenging. You don't have to face this alone. Contact Drinkwater Criminal and Family Lawyers today to schedule a confidential consultation. Let us provide the expert legal support you need to move forward with confidence.

Contact Us