What is a Spent Conviction in Western Australia?
In Western Australia, a spent conviction is a criminal conviction that is considered to have no ongoing legal significance and is effectively “spent” or sealed. This means that the conviction will not appear on a person’s criminal record, and they do not need to disclose it to most employers or other organisations. The criteria for a conviction to be considered spent in Western Australia depends on the type of conviction and the length of time that has passed since the conviction.
What are the legal steps for a Spent Conviction?
In Western Australia, the legal process for a conviction to be considered spent is governed by the Spent Convictions Act 1988. The process typically involves the following steps:
- Eligibility: A person must first determine if they are eligible to have a conviction considered spent. Eligibility is determined by the type of conviction, the sentence imposed, and the length of time that has passed since the conviction.
- Application: If a person is eligible, they can apply to the Commissioner of Police to have the conviction considered spent. The application must be made on the prescribed form and must include any relevant information and documentation.
- Assessment: The Commissioner of Police will assess the application and make a decision based on the criteria set out in the Spent Convictions Act 1988. This may include considering the person’s criminal history, their rehabilitation, and any other relevant factors.
- Notification: If the application is successful, the Commissioner of Police will notify the person and the relevant authorities (e.g., court, police) that the conviction is spent.
- Ongoing obligations: Even after a conviction is considered spent, a person still has some ongoing obligations, such as disclosing the conviction to certain employers or authorities (e.g., some government jobs) and notifying the Commissioner of Police if they are charged with a new offence.
How can a lawyer assist in gaining a Spent Conviction in Western Australia?
A lawyer can assist in the process of gaining a spent conviction in Western Australia by providing guidance and representation throughout the process. They can help by:
- Assessing eligibility: A lawyer can advise a person on whether they are eligible to have a conviction considered spent, based on the type of conviction, the sentence imposed, and the length of time that has passed since the conviction.
- Preparing the application: A lawyer can assist in preparing the application to the Commissioner of Police, including gathering any relevant information and documentation.
- Representation: A lawyer can represent a person in any appeals or legal proceedings related to the application.
- Advising on ongoing obligations: A lawyer can advise a person on their ongoing obligations after a conviction is considered spent, such as disclosing the conviction to certain employers or authorities and notifying the Commissioner of Police if they are charged with a new offence.
- Negotiating with the prosecutor/police: a lawyer can negotiate with the prosecutor or police if they object the application or have any concern regarding the spent conviction.
It’s important to note that the process and criteria for a conviction to be considered spent may vary depending on the jurisdiction or state in Australia. Therefore, it’s recommended to consult a lawyer who has experience in this area, specifically in Western Australia.
Call Rebus Legal on 1800 732 875 and request a free 15-minute consultation to assess your claim for a spent conviction in one of our conveniently located offices in Victoria Park, Osborne Park or Joondalup.