Recorded criminal convictions can have a detrimental impact on your future, especially when it come to traveling, obtaining police clearances and job applications.
It is important that your application for a spent conviction satisfies the requirements at law, as well as convincing the presiding judicial officer that you should be granted a spent conviction.
Dwyer Durack's Criminal lawyers can help you collate documentary evidence to support your application for a spent conviction, as well as providing effective representation at your sentencing hearing.
What is a spent conviction order?
A Spend Conviction Order means that you do not have to declare that criminal conviction, except in certain circumstances.
When can a conviction be declared spent?
Applications to have a criminal conviction declared Spent can occur either at the time of sentencing or after an appropriate period of time has passed since the completion of your sentencing after conviction (10 years).
How do I apply?
The process to have a conviction declared spent varies depending on the severity of the offence, as well as the time at which the declaration is sought. A magistrate can in some circumstances, if satisfied the criteria have been met, grant a spent conviction order at the time of sentencing.
Who do I apply to?
If applying 10 years after conviction, the application is made to either the Commissioner of Police for lesser convictions (penalty of under $15,000 or imprisonment of less than one year), or to a judge at the District Court for “serious” convictions.
Contact our Criminal Law team today so we can assist you with your spent conviction inquiry.