Yes, in Australia, you can get a criminal record removed under certain circumstances. This is typically done through what’s called a “spent conviction” scheme.
If your offence qualifies and enough time has passed since your conviction, it may no longer be disclosed on most police checks.
However, not all offences can be removed, and eligibility depends on the nature of the offence, the sentence received, and your conduct since the conviction.
Key Takeaway: You may be able to have your record removed if your offence is eligible and you’ve met the waiting period with no further trouble.
What Is a Spent Conviction?
A spent conviction means a past offence is no longer part of your publicly disclosed criminal record, except in specific legal situations. It doesn’t erase the conviction entirely, but it does remove it from standard police checks.
Each state and territory in Australia has laws governing when and how a conviction becomes spent.
Generally, the conditions include:
- A waiting period: 10 years for adults, 5 years for juveniles (some states differ)
- No further offences during that time
- The sentence must not have involved prison for more than 30 months
Key Takeaway: A spent conviction can give you a fresh start, provided you meet the legal criteria and remain offence-free for a period.
How Do You Apply to Have Your Record Removed?
In most cases, you don’t need to actively apply to have your conviction spent—it happens automatically after the waiting period if the conditions are met. However, for certain offences or in specific jurisdictions, you may need to apply through a formal process or to a court.
For example:
In South Australia, you can apply to a Magistrates Court to have a conviction removed if it’s not automatically spent.
In New South Wales and Queensland, many convictions become spent automatically unless they are excluded by legislation.
If you’re unsure about your eligibility, seeking legal advice or contacting the relevant government authority in your state is a good next step.
Key Takeaway: Some convictions are automatically removed over time, while others may require a formal application—check your local rules.
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What Can’t Be Removed?
Not all convictions can be spent. Offences that generally cannot be removed include:
- Serious sexual offences
- Crimes where you were sentenced to more than 30 months in prison
- Convictions where the legislation specifically excludes the possibility of being spent
In these cases, the offence will remain on your record and may be disclosed in police checks, even many years later.
Key Takeaway: Some offences stay on your record permanently, especially those considered serious by law.
Impact on Employment and Other Checks
A spent conviction will not appear on most police checks for jobs, volunteering, or licensing. However, some roles—such as working with children, in law enforcement, or in government security—may still require disclosure of spent convictions due to the nature of the position.
You should also be aware that private background check companies might not always follow the same rules. When applying for jobs, understanding your rights around spent convictions can help you respond confidently if questions arise.
Key Takeaway: While a spent conviction won’t usually affect employment, some roles may still require full disclosure.
What If There’s a Mistake on Your Police Check?
If your police check shows a conviction or an intervention order that should be spent or removed, you can request a review. This might involve contacting the police agency that issued the check or going through a formal complaints process.
You’ll need to provide identification, details of the error, and evidence of your eligibility for spent conviction status. It’s recommended to act quickly if you notice incorrect information, especially if it’s affecting a job opportunity.
Getting a criminal record removed is possible in Australia under spent conviction laws. If you meet the conditions and your offence is eligible, your conviction can become “spent” and disappear from most background checks.
This process allows you to move forward with your life, applying for jobs or housing without the shadow of a past mistake holding you back.