Applying for a spent conviction order may be done either at the time of conviction, or 10 years afterwards (with the exception of some possession of cannabis offences, where the applicable period is 3 years after the date of conviction.) If you do not obtain a spent conviction at the time that you are convicted the applicable waiting period of 3, or more likely, 10, years must pass before you are able to reapply so long as no further proscribed offences are committed during that period.
If a spent conviction is obtained it renders the conviction “non-disclosable” meaning that it will not ordinarily show up on a police/traffic record and ordinarily does not need to be disclosed to third parties. While there are exceptions to this general rule (such as Working with Children Checks, the Courts, Police and others) spent convictions are ordinarily not disclosable to third parties and it is unlawful to be discriminated against on the basis of a spent conviction (again, with some exceptions).
Frequently, offenders will seek a spent conviction for drink-driving, drug possession, assault, theft and fraud charges to avoid adverse impacts in relation to travel or employment. However, spent conviction orders are not limited to just those offences.
Process of Applying For Spent Convictions
As part of our spent convictions service, we are able to make an application for a spent conviction and conduct the necessary preparation for that application. We will gather evidence to support the application, negotiate with the prosecution as necessary, and attend court in order to make oral submissions. At times, written submissions and evidence are be provided to the court and to the prosecution ahead of the oral submissions.
Our initial consultation fee in order to discuss your matter with one of our many criminal lawyers in Perth is $250 plus GST ($275 including GST). We will provide an estimate of fees together with a letter of advice once that initial consultation has concluded noting that the estimate of fees does depend upon a large number of factors including but not limited to demonstrating that you are a person of prior good character, that the offence is unlikely to be repeated, and that there are exceptional reasons that would justify relieving you of the adverse impact of disclosing the offence.
Proper preparation of spent conviction applications, knowledge of the law, rules of evidence and court processes is highly recommended, as refusal of a spent conviction application will render you unable to reapply for years afterwards.
If you need advice on how to apply for spent convictions, our team Stevenson legal can help. To book a consultation, contact us today by giving our friendly staff a call on (08) 9489 4898.