A spent conviction helps erase the troublesome
and prejudicial burden of a criminal record
against your name.

Spent Convictions

Having a criminal record can make your personal and professional life extremely difficult. Necessities such as applying for a job or renting a house can be challenging. Your reputation in the community can suffer, you may be prohibited from certain lines of work, and even travelling abroad – especially to places like the US and Canada  – may no longer be possible.

When an individual is convicted of an offence, it becomes part of their criminal record. If that conviction is ‘spent’, it will no longer appear on your National Police Certificate. And, generally speaking, you do not need to tell anyone about that conviction.

Seek the right legal representation

Although often desired, spent convictions are not easily given; they are only given by the court in exceptional cases. Therefore, we highly recommend you seek the help of a lawyer with extensive experience in spent convictions. Porter Scudds has a strong understanding of all relevant points a magistrate takes into account when hearing such an application, and has successfully applied for spent convictions for numerous clients.

Porter Scudds Criminal Lawyers in Western Australia | Spent Convictions in WA
Porter Scudds Criminal Lawyers in Western Australia

Do I need a lawyer for a spent conviction?

Some individuals may choose to use a duty lawyer or legal aid to apply for a spent conviction. If you are considering this option, keep in mind that the amount of time and effort a duty lawyer can put into your case may be limited.

Perhaps it’s better to ask yourself: How important is it for you to have your name cleared? How important is it for you to get back into the workforce, to travel freely, to return to your status as a respected member of the community, free from the heavy burden of a past criminal conviction?

How important is it for you to get back into the workforce, to travel freely, to return to your status as a respected member of the community, free from the heavy burden of past criminal convictions?

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What is a spent conviction?

If you are convicted of an offence, it becomes part of your criminal record. If you successfully apply to have your conviction ‘spent’, it means that (generally speaking) you no longer need to tell others about your conviction – and it will no longer appear in a police check or on your National Police Certificate. However, there are exceptions.

Does a spent conviction show on a WA Police Clearance Certificate?

No, the conviction will not appear on your National Police Certificate. Further, spent convictions cannot be considered under WA law if you are asked to show that you are a ‘fit and proper person’.

Does a spent conviction completely erase my criminal history?

No, spent convictions do not erase your criminal history completely. They remain part of your private criminal record kept by the police – and your history for court.

Is it illegal for employers or others to discriminate against those with a spent conviction?

Yes. Generally speaking, it’s against the law for potential or current employers, licensing boards, associations, unions or professional regulators to discriminate against you because of a spent conviction.

How do I get rid of a previous conviction?

Some convictions can be spent by the lapse of time [10 years]. More serious offences can only  be spent by an application to a court.

Will I be deported for a criminal conviction?

If you are not an Australian citizen, you may be deported for some serious offences.

Hiring an experienced defence lawyer may be an investment you will appreciate in years to come. Contact Porter Scudds today.