What is it?
- The Spent Convictions Act 2021 is relatively new legislation, with its main purpose being to remove the unfair barriers that face Victorians who have committed offences in the past, but have now shown the possibility of rehabilitation.
- A ‘spent conviction’ is a conviction that was previously shown on an offender’s criminal record, but is now removed and does not show upon a police record check in most circumstances.
Can Convictions be automatically spent?
- A conviction for any offence, whatever is imposed, can be automatically spent if the person was less than 15 years old at the time of the offending, once the condition of the penalty has finished it will be immediately spent.
- If you were over the age of 15 at the time of offending, your conviction will be automatically spent if it was a ‘without conviction’ outcome, an infringement conviction, a Children’s Court fine or a qualified finding of guilt under the Crimes (Mental Impairment and Unfitness to be Tried Act 1997.
- Both scenarios above qualify even if they were ‘serious convictions.
Are all convictions eligible to be spent?
- Although this legislation is broad, not all convictions are eligible to be spent. For example, if you were 21 years or older at the time of sentencing, and are convicted of serious violence or sexual offences where a term of imprisonment was imposed, this conviction cannot be spent.
- It is also important to note, an adult who has any conviction with a sentence of 5 years or more of imprisonment cannot have that conviction spent.
Which convictions are spent once the conviction period has passed?
- If it is not a ‘serious conviction’ or not eligible to be spent immediately, it will become automatically spent once the ‘conviction period’ has passed without any further offending.
- If the person was 15-20 at the time they were sentenced, the conviction period is 5 years.
- If the person was 21 or older when they were sentenced, the conviction period is 10 years.
When can an application be made for a ‘serious offence’ in the Magistrates’ Court?
1a. the person was 15 years or older at the time of offending, but under 21 years old at the time of sentencing, and convicted for:
- a serious violence offence or sexual offence;
or
- any other offence if sentenced to a youth justice centre order or youth residential centre order for more than 30 months.
OR
1b.
the person was 21 years or older at the time of sentencing, and convicted for:
- a serious violence offence or sexual offence, but not given a prison sentence; or
- any other offence if the person was given a prison sentence of more than 30 months, but less than five years for the individual charge (not total effective sentence).
AND
- the person has completed the relevant five or 10-year conviction period without any further offending (apart from some minor offences).
The team at Jay & Co has successfully lodged various applications in relation to the Spent Convictions, if you require any assistance, please do not hesitate to contact us.
