What does it mean when convictions are spent?

Spent convictions are those convictions that have reached a set period as defined by the Rehabilitation of Offenders Act 1974, and are removed from an individual’s criminal record. Unspent convictions are those records that have not yet reached this defined time and will appear on a Basic Criminal Record Check.

When does a conviction become a spent conviction?

These convictions become spent 7 years from the date the sentence became operative, as long as you have complied with the sentence or order imposed. The Act does not apply to any conviction for a sexual offence or an offence which was tried in the Central Criminal Court. These offences cannot become spent convictions.

Is it an offence to disclose spent convictions?

The Act makes it an offence for anyone with access to criminal records to disclose spent convictions unless authorised to do so. The Act makes it a more serious offence to obtain such information by means of fraud, dishonesty or bribe.

When do criminal convictions become spent under the rehabilitation of Offenders Act 1974?

You can also use our disclosure calculator to work out when your criminal convictions become spent under the Rehabilitation of Offenders Act 1974. The poster below is explained in more detail in our information section on the Rehabilitation of Offenders Act 1974. Can’t find your sentence?

Can a previous conviction be cited in a criminal case?

Previous convictions can be cited in criminal proceedings, even if they are spent. However, the Lord Chief Justice and the Home Office has advised the Courts that spent convictions should not be mentioned except in very special circumstances.

When does a spent conviction become an spent conviction?

A spent conviction is one that cannot be disclosed or taken into consideration for any purpose. Eligible convictions become spent following a 10 year conviction and proven offence-free period for adults, and a 5 year conviction and proven offence-free period for juveniles.

How does the spent conviction scheme work in Victoria?

The scheme will remove the unfair barriers faced by Victorians who previously committed an offence but have since demonstrated their ability to rehabilitate. Convictions with a sentencing outcome of 30 months or less will be eligible to be spent automatically after a 10-year crime-free period for adults and 5 years for young people.

Can a criminal conviction be spent in the Commonwealth?

Commonwealth authorities are prohibited from accessing, disclosing or taking into account spent convictions of Commonwealth offences. Part VIIC and Crimes Regulations 1990 provide for “statutory” or “regulatory” exclusions that will prevent certain Commonwealth convictions from being spent in certain circumstances.

When does a conviction become an eligible conviction?

Eligible convictions become spent following a 10 year conviction and proven offence-free period for adults, and a 5 year conviction and proven offence-free period for juveniles. The Act defines a conviction as: a finding by a Court that an offence has been proved. Certain convictions can never be spent. These include but are not limited to: