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Home Blog Spent Convictions in Northern Territory (NT)

Spent Convictions in Northern Territory (NT)

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Most people don't know this, but when you apply for a police check in the NT, not all offences (with conviction) will show in the results. Some offences for legal reasons are expunged from an individual's national police record check results. However, the person must satisfy certain conditions, and in some cases apply to the court to have the offence removed

The convictions that are removed from an individual's police check result are "Spent convictions".

When applying for a police check in the NT, these convictions no longer come up in their criminal record check, and under some circumstances may never be disclosed in future.

What are the benefits of having your offence spent?

If you are wondering if it is “worth it” for convictions to be spent, then you should see this;

Are my offences eligible to be spent?

There is no individual that is exclusive to the spent convictions scheme. Satisfying any or all of these conditions can make your offences spent automatically.

Offences can become Spent if they pass the "Crime-free" period in this State. This period is the same as the waiting period;

But,

What is the crime-free period?

The crime-free period commences immediately after the applicant gets their conviction. However, if a sentencing term is imposed, the crime-free period commences at the end. The individual must not get another conviction within the crime-free period unless the period restarts.

It does not matter if the subsequent convictions are for offences related to the current conviction or not.

Can my spent convictions be disclosed in the NT?

It is uncommon to disclose the results of a Police Check without the person's permission. However, some "purposes" may require the full details of your criminal history, including the spent convictions.

In some circumstances and depending on the purpose of the criminal history check, old convictions will still show up on a police check where it is deemed suitable or required by the law (e.g. police checks for aged care work).

When this happens;

In addition, when applying to any of the following roles, you must provide the results of a police character check;

What are the categories of Spent convictions?

Not all offences can qualify to be "spent" under the Spent convictions scheme of the NT. In general, the offences that are eligible to be spent are;

What offences cannot qualify for the Spent convictions?

Although the Spent offences Scheme prevents individuals from suffering perpetually from a conviction record, certain offences will never become spent.

These offences are either too serious or have a possible chance of recurring (the individual shows no evidence of avoiding such offence in future)

What a Spent conviction does not do

While all spent convictions are removed from the applicant’s police background check result, they will not affect any punishments or conditions attached to the court order. It means the offender must still satisfy any fines or punishment like;

Should I apply for my offences to get spent in NT?

When you apply for an updated criminal history check, the police (issuing authority) remove all convictions that qualify for the Spent convictions scheme per State law. These offences should not show in all future criminal history check results.

However, if you feel any of your offences qualify for the Spent conviction scheme, or evidence relating to the conviction changes, you should apply to the District/Magistrate court in the NT.

Will convictions ordered under other State laws be spent in NT?

The NT Spent convictions scheme does not cover for convictions given in other States/Territories. However, they will employ the Spent conviction scheme in the related state to the person’s Police/Criminal records.

Also, you can have your commonwealth convictions Spent in NT if you meet the criteria listed.

Wrapping Up

Having your convictions “Spent” can do a lot of good to your future. Some convictions on your criminal record affect your chances of getting a paid role, volunteer, or even license. However, when these offences become Spent, it gives you a “fresh start”

Candidates can apply via Australian National Character Check to get an updated police check result

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