Spent Conviction Applications In The Magistrates' Court: What You Need To Know

Navigating the legal system can be daunting, especially when it comes to understanding your rights regarding past convictions. In Victoria, the law provides a pathway for certain criminal records to be "spent", offering individuals the opportunity to move forward without the burden of disclosure in many circumstances. For those considering a spent conviction application in the Magistrates' Court, understanding the process is crucial.

What is a Spent Conviction?

A spent conviction is a criminal record that will no longer show up on criminal record checks. Once a conviction is spent:

• You are generally not required to disclose it for most purposes, including job and housing applications.
• It does not appear on most background checks.

Certain statutory exceptions apply, however, such as for working with children or in law enforcement.

The intention behind the legislation is to support rehabilitation and reintegration, allowing people to participate fully in society without being penalised indefinitely.

How Do Convictions Become Spent?

Some convictions are automatically spent. This happens where:

• You are guilty but the Court records it 'without conviction'; or
• You were found unfit to stand trial due to mental impairment; or
• You have a conviction for an offence that you committed when you were under 15; or
• The only penalty you received was a Children's Court fine; or
• You received an infringement conviction.

Other convictions become automatically spent after the end of the 'conviction period.' For people convicted as a child or in the Children's Court, their conviction period is 5 years. For adults, the conviction period is 10 years. Keep in mind that if you re-offend, your conviction period may restart.

The exception is if you received a 'serious conviction', meaning you were:

• Sentenced to 30 months of prison or more; or
• Convicted of a sexual offence; or
• Convicted of a serious violence offence (such as murder, manslaughter or kidnapping).

In those three instances, you will need to apply for a spent conviction.

Who Can Apply for a Spent Conviction?

To apply, you must have a serious conviction and your conviction period must have ended.

Additionally, you must have either:

• been a child or young offender when convicted; or
• been convicted of a serious violence offence (such as murder, manslaughter or kidnapping) or a sexual offence and not been sentenced to prison; or
• not been sentenced to prison for more than 5 years.

The Spent Conviction Application Process

The Magistrates' Court reviews and determines applications, ensuring that only eligible individuals receive the benefits of a spent conviction.

The process for applying to have a conviction spent in the Magistrates' Court generally involves:

1. Assessing Eligibility – Before filing, it is essential to confirm that your conviction is eligible, as described above. This includes reviewing the type of offence, sentence length, and any prior convictions.
2. Completing the Application – You or your guardian must fill out the prescribed form and provide relevant supporting documentation. Accuracy and completeness are critical to avoid delays.
3. Court Review – The Magistrates' Court will review the application, taking into account the nature of your offence, the impact on any victims, your conduct since the conviction, your current circumstances, any risk to public safety, whether you are Aboriginal or Torres Strait Islander, your maturity at the time of the incident, and any statutory restrictions.
4. Decision – The court will either accept the conviction as spent or deny the application. If accepted, the conviction is treated as spent for most purposes under Victorian law.

Why Legal Advice Can Make a Difference

Spent conviction applications often involve complex considerations, including nuances in the law, prior criminal history, and eligibility criteria. Obtaining legal advice can help with:

• Ensuring all documentation is accurate and complete.
• Identify potential barriers or eligibility issues early.
• Representing your interests effectively if questions arise during the court's assessment.

Moving Forward After a Conviction

Having a conviction spent can open doors professionally and personally, allowing individuals to pursue employment, education, and other opportunities without unnecessary restrictions. It is a vital step toward rehabilitation and reclaiming control over your future.

Take the Next Step

Navigating the Magistrates' Court for a spent conviction application can be complex, but you don't have to do it alone. Doogue + George's criminal law team offers guidance to help you understand your eligibility and confidently manage the application process.

Contact us today for a confidential discussion about your situation and the steps you can take toward having your conviction spent.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.