Applying for a spent conviction order

The spent convictions scheme makes rules about when a conviction can be ‘spent’, which means it no longer appears on most police checks.  

Some types of convictions are spent automatically if you do not offend again for a certain period of time. You do not need to make an application for convictions spent automatically.  

Serious convictions will appear on your police check unless a court orders that they be spent.  

You can apply for this order if you meet the eligibility criteria. The following information will assist you to determine if you are eligible and sets out the supporting documents you need to include in your application.

Eligibility criteria

An application for spent conviction order can be made to the Magistrates’ Court in relation to a conviction for a serious violence offence, sexual offence or other offence, if it meets the criteria set out below, and the waiting period has passed. 

Waiting period

A waiting period is the time after you are convicted before your conviction can be spent. It is 10 years for adults who were 21 years or older at the time of sentencing, and 5 years for children and young people who were under 21 years old at the time of sentencing.  

A new offence during the waiting period will restart the waiting period, unless: 

• the court found you guilty but made the order ‘without conviction’ 
• no penalty is ordered 
• the only penalty is a fine of no more than 10 penalty units 
• the only penalty is an order to pay a victim compensation (such as for pain and suffering) or restitution (such as to restore stolen property).

If you have re-offended after the waiting period has finished, you may still apply for a conviction to be spent. 

If the convicted person has a disability within the meaning of the Equal Opportunity Act 2010, the person’s guardian may apply on behalf of the person in relation to a serious conviction of the person.

Court can be a complex process. The steps below provide general information about the process. It does not cover all scenarios nor does it constitute legal advice. Go to the legal help page for more information.

STEP 1: Before you start

When applying for a spent conviction order, the following supporting documents must be attached to the application:

• a copy of a National Police Check (NPC) that is not older than six months. Police checks can be obtained from Victoria Police or an Australian Criminal Intelligence Commission (ACIC) accredited body
• a copy of a guardianship order if you are appointed as a guardian for an applicant and applying on their behalf.

Material supporting the application that you wish the court to consider should also be attached, for example information in support of your rehabilitation.

STEP 2: Complete your application form

Fill in a Form 1 – Application for Spent Conviction Order and, supporting documents (see above for more detail).

If you are applying for a spent conviction order for more than one conviction, you must also complete Form 2 – Additional Conviction(s) and attach this to your application.

STEP 3: File your application

File your application and supporting material by email, post or in person at your closest Magistrates’ Court venue.

When your application is received by the court, they will check the contents of your application and ensure the supporting material is attached.

What happens next?

The court will send a copy of your application to the Attorney General and Victoria Police who may wish to make submissions to the court about your application. 

The court will consider your application for a spent conviction order.

You will be notified of the outcome of your application and whether you need to attend a hearing.

Fees

There is no fee for this application.