Please be ready with your application reference number starting with 'P'. For example P1234567
With the new spent convictions Bill of 2021 passed by Victorian parliament, individuals can have some old and less serious convictions completely removed from police criminal records.
It provides an opportunity for people who have even been convicted of some "serious" offences to "start afresh" and not have to worry about old and less serious offences when obtaining a national police background check in Victoria (VIC).
There are various ways an offence can become spent in the VIC; it depends on the nature, condition surrounding and “seriousness” of the offence.
If you have a court order or charge against you, it may be considerable to engage the services of an experienced criminal lawyer well versed in the system of criminal laws. It could well turn out to be the difference between having a conviction recorded or the offence automatically spent.
Here are the ways an offence can qualify as Spent under the Victorian legislation:
There are three basic ways that an offence can be automatically "spent". These criteria are;
For some offences, usually where the court imposes more than a fine, and it is not a "serious one", the conviction becomes automatically Spent. There are certain conditions that the individual must meet before these offences are considered Spent.
The conditions are usually;
It follows that;
Here, only applications for convictions (serious) sent to the Magistrate or a court can be granted as "spent". These matters are dealt with in court.
If you are convicted of a “serious offence”, you can apply to a Magistrate court to have the offence expunged from their police criminal records.
However, your application must meet some requirements before submission to the Magistrate.
It follows that;
According to the Spent convictions Acts of VIC, the matters or criteria to assess the eligibility of a conviction includes;
So far, we mentioned the different circumstances that can easily qualify an offence as Spent automatically. And one of them is that the offence is a "less serious" one.
Serious convictions as defined in the Criminal Act of VIC are;
National police criminal history checks are mandatory for some roles, and without it, others with a "cleaner record" are preferred. Some potential employees may suffer at the hands of employers, licensing offences or accreditation bodies because they have certain convictions in their criminal records.
Imagine what it would be if these records/convictions get wiped off an individual's criminal records.
People in Victoria can apply for jobs, volunteer services, or licenses without discrimination. A possible drawback of a "failed" police check result.
Spent Convictions Act 2021 - https://www.legislation.vic.gov.au/as-made/acts/spent-convictions-act-2021
Sentencing Act 1991 - http://classic.austlii.edu.au/au/legis/vic/consol_act/sa1991121/
Crimes Act 1958 - https://www.legislation.vic.gov.au/in-force/acts/crimes-act-1958/292
The content on this website is communicated to you on behalf of Australian National Character Check™ (ANCC®) pursuant to Part VB of the Copyright Act 1968 (the Act).
The material in this communication may be subject to copyright under the Act. Any further reproduction of this material may be the subject of copyright protection under the Act.
You may include a link on your website pointing to this content for commercial, educational, governmental or personal use.
The contents of this website do not constitute legal advice and should not be relied upon as a substitute for legal or professional advice.