Spent Convictions Victoria | Angus Cameron and Partners

If you have a criminal record, you may be worried about how it affects your ability to find work, rent a home, or move on with your life. Under the Spent Convictions Act 2021 (Vic), many convictions automatically become 'spent' after a certain period of time — meaning you are no longer required to disclose them and they will not appear on your criminal record.

This guide explains how the spent convictions scheme works in Victoria, who it applies to, and what it means for you in practice.

What is a Spent Conviction?

A spent conviction is a conviction that no longer needs to be disclosed and does not appear on your criminal record. Once a conviction is spent, it is as though it never happened for most practical purposes — you can answer 'no' if asked whether you have a criminal record.

The scheme applies to both formal convictions and findings of guilt (where guilt is found but not recorded as a conviction).

Which Convictions Become Spent Immediately?

Some convictions become spent on the day they are imposed, without any waiting period. This applies where:

the court does not record a conviction;
the conviction results from a special hearing (a qualified finding of guilt for someone unfit to stand trial);
the offence was committed when you were under 15 years old;
the only penalty imposed is a fine in the Children's Court; or
the conviction is an infringement conviction (such as an unpaid fine that became a court fine).

Important: if your conviction comes with conditions attached — such as a good behaviour bond or community correction order — it does not become spent until those conditions are completed.

Which Convictions Become Spent After a Waiting Period?

For all other convictions (that are not 'serious convictions' — see below), the conviction becomes spent automatically after the relevant waiting period, known as the 'conviction period':

5 years — if you were a child or young person (under 21) when convicted;
10 years — in all other cases.

The conviction period runs from the date of conviction. During this time, you must not receive any further conviction that restarts the clock (see below).

What is a Serious Conviction?

Serious convictions do not become spent automatically. A conviction is a 'serious conviction' if:

you were sentenced to a term of imprisonment of more than 30 months;
the conviction is for a sexual offence; or
the conviction is for a serious violent offence.

If you have a serious conviction, you may still be able to apply to the Magistrates' Court for a spent conviction order — see below.

What Happens if You Reoffend During the Waiting Period?

If you are convicted of a further offence during your conviction period, the clock generally restarts from the date of the new conviction. This means your earlier conviction takes longer to become spent.

However, the clock does not restart if the new conviction:

results in a fine of less than 10 penalty units;
results only in an order for restitution or compensation;
results in no penalty being imposed; or
is not formally recorded.

Can I Apply for a Spent Conviction Order for a Serious Conviction?

Yes. After the relevant conviction period has expired, you can apply to the Magistrates' Court for a spent conviction order in relation to a serious conviction, but only in limited circumstances:

If you were a child or young person when convicted — you can apply regardless of the type of serious conviction.
For serious violent offences and sexual offences — you can only apply if no term of imprisonment was imposed.
For other serious convictions — you can apply if the term of imprisonment imposed was less than 5 years.

These applications are not automatic and require careful preparation. If you are considering making an application, we strongly recommend seeking legal advice before doing so.

What Are the Effects of a Spent Conviction?

Once a conviction is spent:

it does not appear on your criminal record;
you are not required to disclose it to employers, landlords, or others who ask about your criminal history; and
no one is permitted to ask you to disclose it.

In plain terms: If someone asks whether you have a criminal record and your only convictions are spent, you can lawfully answer 'no'.

Are There Any Exceptions?

Yes. Spent convictions can still be accessed and disclosed in certain circumstances, including:

by law enforcement agencies, courts and tribunals for the purposes of carrying out their functions; and
by certain specified persons and bodies authorised under the Act — for example, in the context of working with children checks or other regulated sectors.

If you are in a regulated industry or are subject to a working with children check or professional registration requirement, you should seek advice about whether the standard spent convictions rules apply to your situation.

Frequently Asked Questions

Will my conviction show up on a police check?

Once a conviction is spent, it will not appear on a standard criminal record check. However, in some regulated contexts — such as working with children — a broader check may still reveal spent convictions.

Does the spent convictions scheme apply to interstate convictions?

The Victorian scheme applies to Victorian convictions. Other states and territories have their own spent convictions laws. If you have interstate convictions, you should seek advice about the relevant state's legislation.

What about Commonwealth convictions?

Commonwealth convictions are governed by the Crimes Act 1914 (Cth), which has its own spent convictions scheme. We recommend that you contact us if you need advice in relation to Commonwealth convictions.

Can I get legal help with a spent conviction application?

Yes. Applications for spent conviction orders in relation to serious convictions require a court application and are best handled with legal representation. Angus Cameron & Partners can advise you on whether you are eligible and assist with the application process.