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Home Blog Spent Convictions New South Wales NSW

Spent Convictions New South Wales NSW

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If you apply for a national police check in NSW, some convictions may not be released on the result. These convictions/offences are ordered "Spent" by the police authority under the presiding state legislation.

However, this act/scheme does not apply to all convictions or all the time. Equally adopted in other State/Territories, in NSW, it is governed by the Criminal Records Act of 1991.

The Acts guides a scheme that mitigates the effect of a person's conviction for relatively minor offences. Of course, there are some conditions or requirements attached to the act. Offences that are "Spent" are usually removed from an individual's national police check in NSW.

What is the waiting period in NSW for some criminal records to be classified as “spent” ?

For Adults;

For Children;

What happens when an offence becomes Spent in NSW?

Generally, when offences are spent, they are removed from the individual's police criminal records. They will no longer show up in the individual's records, especially on special orders/authority.

However, if any of your offences qualifies to be “Spent”, here are other things you enjoy;

Who can have their conviction spent in NSW?

Anyone can have their convictions removed from their criminal background check result under the Spent convictions scheme.

However, if you are found guilty, with a conviction slammed, then;

It follows that: During the waiting period, the individual must not get another conviction for either that offence or another. If the person receives fresh convictions within this period, it will restart from the date of his new conviction. It is why the "waiting period" is also known as a "crime-free" period.

Are all offences eligible to be spent in New South Wales?

Not all offences can be eligible or qualify as spent. Some offences are too “serious” or potentially injurious to the community to qualify under the Spent convictions scheme.

According to the Criminal Act code, some these offences are:

Anytime you apply for a criminal record check in the state of NSW, and have any of these convictions, it is disclosed in the check result.

How do I apply for my convictions to become spent in NSW?

In NSW, just like other states or territories in Australia, your offences become spent if/when they qualify for the scheme. You do not have to make a separate application. By applying for an updated nationally coordinated criminal history check, you will get the valid and “corrected” records of your convictions.

How can I get a criminal history check in NSW?

Police check applications have become more convenient for persons in NSW via accredited services like Australian National Character Check (ANCC), providing updated checks for applicants. With a PC, Tablet, or mobile device, you can complete your criminal history check application online.

Most completed applications will get their nationally coordinated criminal history check results returned to them within 24 to 48 hours. The remaining applications that get referred for manual processing will take longer and up to 15 business days.

Can my Spent conviction be considered sometimes?

Spent records can also be considered for some roles/licenses that involve contact with vulnerable people or roles that are important to community safety.

Some examples of roles it is considered in are;

Work as a:

What you can do if you think an offence should be Spent in your records?

If you think any of your convictions qualifies for the spent convictions scheme, you have the right to dispute a check result.

Contact ANCC’s customer service team via Live Chat or email should you have any questions.