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What is a spent conviction?

  • A spent conviction has limited disclosure requirements to third parties
  • It’s one thing to be convicted of an offence. It’s another to have to tell people about it.
  • At Stevenson Legal, we're experts in Perth when it comes to applications for spent convictions.

SPENT CONVICTIONS PERTH, WA

If you are convicted of a criminal or traffic offence in WA, that conviction will ordinarily appear on your National Police Clearance record unless you successfully apply for a spent conviction. A spent conviction is a conviction that has limited disclosure requirements to third parties. With some exceptions (such as working with children checks), obtaining a spent conviction will ensure you are not required to disclose details of the conviction in any of the aforementioned circumstances.

Frequently, people will apply for 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.

WHY SHOULD YOU APPLY FOR A SPENT CONVICTION?

If you are concerned about the adverse impact that telling people about your conviction will have on your travel plans, employment prospects, or in any other way, you should seek advice on a spent conviction application without delay. Obtaining a spent conviction will ensure you are not required to disclose details of the conviction in any of the aforementioned circumstances.

Stevenson Legal can assist you when you apply for a spent conviction in Perth, WA. With extensive knowledge and experience, we’ll ensure the process is as hassle-free as possible to achieve ideal outcomes.

WHEN TO APPLY FOR A SPENT CONVICTION

It is important to realise that there is only a narrow window of opportunity for you to seek a spent conviction. If you do not obtain a spent conviction at the time that you are convicted, you will likely need to wait a further 10 years before being able to reapply (with the exception of some possession of cannabis offences, where the applicable period is 3 years after the date of conviction). For this reason, it is important to speak with an experienced lawyer about your case before proceeding with a spent conviction application to ensure that it is well thought out, properly evidenced and cogently argued.

CONTACT US FOR SPENT CONVICTION ASSISTANCE IN WA TODAY

If you need advice on how to apply for spent convictions, our team at Stevenson Legal can help. To book a consultation, contact us today by giving our friendly staff a call on (08) 9489 4898.

SPENT CONVICTIONS: FREQUENTLY ASKED QUESTIONS

Below are some frequently asked questions concerning spent convictions and applying for spent convictions in WA. If you have any further questions, feel free to get in touch with us and we’ll be happy to help.

I’ve been charged with an offence. How do I obtain a spent conviction if I am convicted?

You can obtain a spent conviction by making an application to the court, usually to a Magistrate. This is usually required to be done at the time that the conviction is recorded. If no application for a spent conviction is made at that time it may be very difficult, if not impossible, to create a second chance without waiting out the 10-year period.

Can the police oppose my application for a spent conviction?

Yes, and they frequently will. The Magistrate will usually ask the police prosecutor whether they oppose or do not oppose your application. While the police position is not determinative either way, the Magistrate will usually take it into account when deciding on your spent conviction application. Stevenson Legal lawyers will negotiate with police beforehand to see if we can reach a ‘no opposition’ agreement. If your spent conviction application is still opposed, we are experienced in anticipating the police objection, and meeting it with persuasive arguments.

If my application is refused can I try again later on?

Yes, but only if you successfully appeal the original decision, or if you wait out the applicable waiting period which is usually 10 years. It‘s best to get it right the first time round.

Does a spent conviction mean I don’t get punished?

No. A spent conviction won’t alter the fact that you have been convicted, or prevent the penalty whether it be a fine, a disqualification from driving, or imprisonment. The philosophy behind spent convictions is that, while people need to be punished for committing offences, they don’t necessarily have to have their lives adversely impacted by telling third parties about the conviction for years to come.

Can I get a spent conviction for a drink driving charge?

Yes. Spent convictions can be granted for all offences whether criminal or traffic. Stevenson Legal have made literally hundreds of successful spent conviction applications for a wide variety of charges.

Testimonials

Nick represented me in a serious traffic offence matter. Outstanding legal argument from him managed to persuade the Magistrate for a spent conviction. I highly recommend Nick. You wont get much better than him.
Rick Karaitiana
I recently engaged Nicholas Stevenson of Stevenson Legal to represent me against a charge that carried a substantial fine and imprisonment. Nick successfully argued in court that the offence was at the lower end of the penalty range which resulted in saving me a great deal of money. He also was able to obtain a "Spent Conviction" for me. Nick was clearly at ease with the court environment and acted with great competency and professionalism. I highly recommend him.
Alun Dufty
Nick is highly professional, and knows his stuff. I was facing 2 charges, Drink Driving above 0.08, and Careless Driving. With Nick's legal services I managed to get minimum sentencing and a Spent Conviction on both charges. Safe to say Nick's services have saved me from so much pain and trouble in the future.
Anonymous

Application Process For Spent Convictions in WA

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 to be provided to the court and to the prosecution ahead of the oral submissions.

Our initial consultation fee to discuss your spent conviction 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 the offence is either trivial, or that you are a person of prior good character, and 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.