Spent Conviction Order in Western Australia
It is possible to apply to a court in Western Australia to have convictions that are 10 years old considered “spent”. These old convictions can be classified into “lesser convictions” or "serious convictions."
A lesser conviction is imprisonment for 12 months or less or a $15,000 fine or less. Applications are furnished to the Commissioner of Police. A more serious conviction is imprisonment that exceeds one year or a $15,000 fine or more. It is necessary to lodge this application through the court.
What is the Outcome of a Spent Conviction?
Once a conviction has been declared spent it limits the need to disclose the conviction. Also it is no longer included on a National Police Certificate. The Spent Convictions Act 1988 does allow exemptions such as specific licensing bodies, government departments, the Police and the courts.
How is an Application Made for a Spent Conviction?
When a National Police Certificate application is made it includes a request for Western Australia Police to allow any eligible convictions in WA to be spent. Provision for this action comes under the 1988 Spent Convictions Act. A spent conviction application can be made separately on a specific form too. Western Australia Police can spend a lesser conviction if it is heard in a Western Australia Court. It shouldn’t take more than 21 days to process a spent conviction application. A more serious conviction that the convicted wants spent has to be reviewed through a WA court.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.
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