Applying for old convictions to be spent

Find out:

• when you can apply for an old conviction to be spent
• the difference between a serious conviction and a lesser conviction
• how to get a serious conviction spent
• how to get a lesser conviction spent, and
• how to get a Commonwealth conviction spent.

Can I apply for an old conviction to be spent?

You can apply to have your old conviction spent after a certain waiting period. You can’t apply to have your old conviction spent if you were sentenced to life imprisonment for the offence.

What is the difference between a serious conviction and a lesser conviction?

• A serious conviction is where the penalty was imprisonment for more than one year, or a fine of $15,000 or more.
• A lesser conviction is where the penalty was one year imprisonment or less, or a fine of less than $15,000.

How do I get a serious conviction spent?

You can apply to the District Court to have a serious conviction spent after a certain waiting period. This waiting period is usually 10 years plus the length of the term of imprisonment imposed (rather than the time actually spent in prison). This waiting period is less for some offences. There are rules about what happens to the waiting period, if you are convicted of new offences before your old convictions have been spent.

The Judge takes into account a lot of factors when deciding whether or not to declare your conviction spent.

Legal Aid WA has made a kit that you can use to help you apply.

How do I get a lesser conviction spent?

This request is made to the WA Police. You can apply for a National Police Certificate, which automatically includes a request for any eligible WA convictions to be spent. You don't need to complete a separate application about spent convictions. There is a fee to get a National Police Certificate.

Alternatively, you can apply to the WA Police for any eligible WA convictions to be spent, without getting a National Police Certificate. There is no fee for this application, but you won't receive a copy of your National Police Certificate at the end. 

The waiting period before a conviction can be spent is usually 10 years, plus the length of the term of imprisonment imposed (rather than the time actually spent in prison). There are rules about what happens to the waiting period if you are convicted of new offences before your old convictions have been spent.

The WA Police website has more information about National Police Certificates and applications to have lesser convictions spent.

Can I get a spent conviction for Commonwealth (Federal) offences?

Yes, an old Commonwealth offence can be spent under the Crimes Act 1914 (Cth). If you didn’t go to prison, or you went to prison for 30 months or less, the conviction will usually be spent automatically after a certain amount of time. The waiting periods are:

• for an adult, 10 years beginning on the date of conviction, and
• for a minor, 5 years beginning on the date of conviction.

Resources

• Legal Aid WA - Spent Conviction Application Kit.

More information

• Spent Convictions FAQs - WA Police
• Commonwealth spent convictions scheme - Australian Information Commissioner

Reviewed: 7 August 2023