Spent Convictions Victoria

Under the Spent Convictions Act 2021 (Vic), a spent conviction is a criminal conviction that no longer forms part of your record. Once a conviction is spent:

• it will not appear on a standard police check (unless an exemption applies)
• you are not required to disclose it to employers, landlords, or any other person
• no one is allowed to ask you about it.

This means you can truthfully tell an employer, real estate agent, or licensing body that you have no convictions — provided your only convictions are spent ones.

The Equal Opportunity Act 2010 (Vic) also prohibits discrimination on the basis of a spent conviction. There are penalties for any person or organisation that unlawfully collects or discloses information about a spent conviction.

The Act is retrospective — it applies to convictions imposed before and after 1 December 2021. This means older convictions can also qualify.

Your conviction can become spent in one of three ways:

1. Immediately — certain convictions are spent from the moment they are imposed, or once any attached conditions are completed. No application is required.
2. Automatically after a conviction period — most convictions become spent automatically once you complete the relevant waiting period without reoffending. The waiting period is 10 years for adults (21 or older at the time of sentencing) and 5 years for young people (aged 15–20 at the time of sentencing).
3. By application to the Magistrates’ Court — serious convictions that do not qualify for automatic spending can be spent by court order, but only after the relevant conviction period has passed.

Which pathway applies to you depends on your age at the time of sentencing, the nature of the offence, and the length of any custodial sentence imposed. Contact McMahon Criminal Defence Lawyers for a confidential assessment.

The following convictions become spent automatically — no application is required:

• You were under 15 years of age when you committed the offence, regardless of the type of offence or penalty imposed
• The court found you guilty but made the order without conviction (such as an adjourned undertaking that is later dismissed on good behaviour)
• The court made a qualified finding of guilt under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
• The Children’s Court imposed only a fine and no other penalty
• The conviction is an infringement conviction — such as a drink or drug driving infringement notice, or an excessive speeding fine.

Conditions attached to the penalty: If the court imposed a penalty with a condition attached — such as a period of good behaviour or a community-based order — the conviction is not spent until all conditions are completed.

Payment of a fine, or a licence suspension or disqualification, does not delay when the conviction becomes spent.

For most convictions, once you complete the relevant conviction period without reoffending, your conviction is automatically spent. No application is needed.

• Adults (21 or older at the time of sentencing): 10 years from the date the court found you guilty
• Young people (aged 15–20 at the time of sentencing): 5 years from the date the court found you guilty
• Under 15: No conviction period required — conviction is immediately spent (see above)

The conviction period begins on the date of the finding of guilt, not the date of the offence. For convictions recorded before 1 December 2021, the conviction period may have already run — meaning those convictions may already be spent.

If you receive a new conviction during the conviction period, the period restarts from the new conviction date — unless the new conviction is considered minor. Minor convictions include:

• No penalty ordered
• A finding of guilt without conviction
• A fine of 10 penalty units or less (approximately $1,816.70 as at 1 July 2024)
• An order to pay victim compensation only.

Once a conviction period is completed and the conviction is spent, it cannot become unspent, regardless of any future offending.

Whether a conviction can be automatically spent depends on the length of any custodial sentence imposed for the individual charge:

• 30 months or less: Conviction can be automatically spent after the conviction period
• More than 30 months: Must apply to the Magistrates’ Court (cannot be automatically spent)
• Sexual or serious violence offences with any prison sentence (adults 21+): Cannot be spent by any means

Note: The relevant sentence is the sentence imposed for the individual charge, not your total effective sentence across multiple charges.

Certain convictions cannot become spent automatically and require an application to the Magistrates’ Court of Victoria. Applications have been accepted from 1 July 2022.

You may apply to the court after completing the relevant conviction period for:

• Adults (21+): Convictions where a prison sentence of more than 30 months but less than 5 years was imposed for an individual charge
• Adults (21+): Sexual offences without a prison sentence
• Adults (21+): Serious violence offences without a prison sentence
• Young people (aged 15–20): All serious convictions, including sexual offences and serious violence offences with any prison sentence
• Young people (aged 15–20): Convictions where a prison sentence of more than 30 months was imposed.

The Magistrates’ Court will consider whether it is appropriate to make a spent conviction order, having regard to your rehabilitation, the nature of the offence, and the time elapsed since the conviction.

McMahon Criminal Defence Lawyers can assist you with preparing and lodging your application, drafting supporting submissions, and attending court on your behalf.

For adults aged 21 or over at the time of sentencing, the following convictions can never be spent, regardless of how much time has passed:

• Any sexual offence where the court imposed a custodial sentence of any length
• Any serious violence offence where the court imposed a custodial sentence of any length
• Any offence where the court imposed a custodial sentence of over 5 years for the individual charge.

If your conviction falls into one of these categories, we can still advise you on what steps, if any, may be available to limit the practical impact of your record — including advising on which employers or bodies are exempt and which are not.

Once your conviction is spent, you have significant protections under the Spent Convictions Act 2021:

A spent conviction will not appear on a standard national police check obtained for general employment purposes. This means you can apply for jobs with confidence that your past conviction will not surface — provided no exemption applies to the role.

You are not required to disclose the existence of a spent conviction to any employer, and the employer cannot ask you about it.

Real estate agents and landlords cannot ask you about spent convictions. You can truthfully answer that you have no convictions if your only convictions are spent.

For professional licensing, the position is more complex. Some licensing bodies hold exemptions under the Act and may still be entitled to ask about spent convictions. We can advise on whether an exemption applies to your particular licence or registration.

Certain bodies are exempt from the Act and may still receive information about spent convictions. These include:

• Working with Children Checks (required for work with children)
• NDIS Worker Screening checks
• Applications for approval to operate a children’s service
• Health practitioner registration under the national law
• Persons with reporting obligations under the Sex Offenders Registration Act 2004.

If you are unsure whether an exemption applies to your situation, contact us for advice before disclosing or declining to disclose.

A spent conviction does not remove demerit points, licence suspensions, disqualifications, or relicensing conditions from your VicRoads driver history report. These remain in place even if the underlying conviction is spent. This is relevant for drink or drug driving convictions and excessive speeding.

A criminal record — even for a minor offence committed years ago — can affect your employment prospects, rental applications, and professional licences. McMahon Criminal Defence Lawyers can:

• Assess whether your conviction is already spent, or advise on when it will become spent
• Advise on whether you are eligible to apply to the Magistrates’ Court for a serious conviction to be spent
• Prepare and file your court application, including supporting submissions
• Attend the Magistrates’ Court on your behalf
• Advise on exemptions that may affect your specific employment, licensing, or tenancy situation
• Assist with any related matters arising from your criminal history.

We offer a free 30-minute consultation and fixed fees for spent conviction applications. Call us to discuss your situation in confidence.

You will not be automatically notified when a conviction becomes spent. The simplest way to check is to apply for a national police check (for general employment purposes) — spent convictions will not appear. Alternatively, you can contact McMahon Criminal Defence Lawyers for a confidential assessment of your record and eligibility.

You are not required to have legal representation to apply to the Magistrates’ Court. However, applications for serious convictions can be complex — the court must be satisfied that the order is appropriate, and a poorly prepared application can be refused. A lawyer can assess your prospects, prepare supporting submissions, and present your case effectively.

Interstate convictions cannot be spent under the Victorian Act. However, they may be capable of being spent in the state or territory where the conviction was recorded. If they are spent in that jurisdiction, Victoria Police will not disclose them on a standard police check.

Overseas convictions are treated as equivalent Victorian offences and can become spent immediately or after the relevant conviction period, but cannot be spent by application to the Magistrates’ Court.

No. Demerit points, licence suspensions, disqualifications, and relicensing conditions recorded by VicRoads remain on your driver history report even if the underlying conviction is spent. These are separate records maintained under road safety legislation.

A finding of guilt ‘without conviction’ — such as an adjourned undertaking that is dismissed after a period of good behaviour — is spent immediately under the Act once any conditions are completed. A finding of guilt ‘with conviction’ must follow the standard conviction period process before it can be spent.

The Act is retrospective and applies to all Victorian convictions, regardless of when they were imposed. For older convictions, the 10-year (or 5-year) conviction period may have already passed, meaning those convictions may already be spent. Contact us to check.

For a detailed overview of the scheme, visit our resource article: Spent Conviction Scheme — Clearing Your Criminal Record.

You can also find information on related matters including sentencing, criminal appeals, and pleas of guilty.