Spent Convictions in the ACT: What You Need to Know

Feeling stuck because of a past criminal conviction? You're not alone. Many people find themselves weighed down by their mistakes, worried about how their criminal record could affect their careers, relationships, and overall quality of life. Fortunately, having a conviction deemed spent can help you move forward without the constant burden of your past following you.

In this blog, we'll explore the ins and outs of a spent conviction in the ACT, including the eligibility criteria, the implications for your personal and professional life, and the process for having a conviction spent.



What is a Spent Conviction?

A spent conviction refers to a criminal conviction that is no longer considered to be part of an individual's criminal record for most purposes. This means that it does not need to be disclosed when applying for jobs, housing, or other situations where a background check might be performed.

In the Australian Capital Territory (ACT), a spent conviction is governed by the Criminal Records Act 2000. This legislation allows certain criminal convictions to be considered 'spent' after a specific period, meaning individuals are not required to disclose spent convictions in most circumstances.

What is the Commonwealth Spent Convictions Scheme?

The Commonwealth Spent Convictions Scheme is a legal scheme in Australia designed to support the rehabilitation of individuals with certain criminal convictions. The spent conviction scheme aims to allow individuals with past criminal convictions to reintegrate into society without the stigma associated with their offences.

Under the Commonwealth Spent Convictions Scheme, a 'spent conviction' applies to any offence committed that meets specific criteria for rehabilitation. 

• At least 10 years have passed since the conviction, or 5 years if the individual was convicted as a minor.
• The individual was not sentenced to imprisonment, or if they were, the sentence did not exceed 30 months.
• The individual has not reoffended during the 10-year period (or 5 years for juvenile offenders).
• There are no statutory or prescribed exclusions that apply to the conviction.

Consequences for Individuals with a Spent Conviction

Individuals with a spent conviction may face several implications related to the spent convictions scheme that can affect various aspects of their lives, including:

Employment Opportunities

Some employers may conduct background checks that reveal the spent conviction, limiting job opportunities in trust-sensitive fields like finance, healthcare, and education. In addition, jobs working with vulnerable groups, may require specific certifications or licenses that those with a spent conviction cannot obtain.



Housing and Rental Applications

Landlords or property management companies may conduct background checks, and a spent conviction could affect the ability to secure housing. Some landlords may have policies against renting to individuals with any type of conviction, even if it is spent.



Insurance Challenges

Individuals may face higher premiums or be denied coverage when applying for insurance policies (e.g., health, car, or life insurance) due to their criminal history, even if the conviction is spent.



Social Stigma

There can be societal stigma associated with having a criminal record , even if it is a spent conviction. This may lead to discrimination, affecting personal relationships and community involvement.



Legal Rights and Obligations

In some jurisdictions, an individual with a spent conviction may still be required to disclose their history for certain legal or regulatory processes, which can create confusion about their rights.



Travel Restrictions

Individuals may encounter difficulties when travelling abroad, as some countries may deny entry to individuals with criminal records, regardless of whether the convictions are spent.



Psychological Impact

Carrying a spent conviction can lead to feelings of shame, guilt, or anxiety that can impact mental health and overall well-being.



Access to Services

Some community services, support programs, or benefits may be inaccessible to an individual with a spent conviction. This limits their opportunities for rehabilitation and reintegration into society.



Commonwealth Laws for Spent Conviction

A spent conviction should make sure your past offences can be legally recognised as 'spent' under the relevant laws. Seeking expert criminal lawyer advice can be beneficial throughout this process.



Eligibility

Under the Commonwealth Spent Convictions Scheme, a 'spent conviction' refers to a conviction from the Commonwealth, a state or territory, or even a foreign jurisdiction that meets the following criteria:

• The individual must have completed their sentence, including any parole or probation.
• No further offences should be committed during the waiting period.
• For summary offences that are less serious, the waiting period is usually 5 years from the date of conviction or release from imprisonment.
• For indictable offences that are more serious, the waiting period is 10 years from the date of conviction or release.
• For prison sentences, the waiting period may be longer, often depending on the length of the sentence served.
• The conviction must not be considered a serious offence, as defined by local laws.

ACT Laws for Spent Conviction

Under ACT legislation, your conviction is automatically spent after:

• 10 years if the conviction occurred as an adult
• 5 years if the conviction occurred as a minor

Certain convictions are never considered spent, including those where: 

• A sentence of more than 6 months' imprisonment was given
• The offence is sexual in nature
• The conviction involves a corporation
• They are specifically listed under regulations.

Understanding Your Rights

Once your conviction is spent, you are generally not required to disclose it when applying for jobs or other opportunities. This significantly improves your chances of securing employment, housing, and social opportunities, as employers will focus on your skills and qualifications.

Disclosing information about a spent conviction without your consent is illegal.

This means it’s unlawful for anyone:

• With access to your criminal record to share details of a spent conviction
• To obtain information about a spent conviction through fraudulent or dishonest means.

Exceptions

However, it's important to note that there may still be exceptions, particularly for positions that involve working with vulnerable populations, such as:

• aged care or when working with seniors
• children
• people with disabilities
• teacher or teaching assistant
• immigration detention facilities
• hospital setting
• firefighting or fire prevention roles

In some cases, exceptions may also apply on instances related to sexual offences.



Takeaway

A spent conviction provides individuals with the opportunity to move forward by reducing the impact of their criminal record, opening up better opportunities for employment, housing, and community involvement. When specific criteria are met, convictions can be deemed spent, allowing individuals to focus on their future instead of being held back by their past.

If you or someone you know is considering applying for a spent conviction, contact Andrew Byrnes Law Group for expert legal advice. Our experienced team can guide you through the process so you can take the steps necessary to achieve the best possible outcome for your situation.

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