QLD How to Apply for Spent Conviction?

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Anonymous Sin

Active Member
14 September 2016
6
0
31
I currently live in Queensland.

I have a criminal history that is affecting everything I do in life, travel / work, etc. My sentence was 4 years imprisonment for theft crimes 14 years ago ( I served three and one on parole ).

Is there any way I can move to make this crime a spent conviction (apply to a court, etc). I would just like to move on with my life but I keep hitting this wall from my past when I was a stupid teenager.
 

Victoria S

Well-Known Member
9 April 2014
518
59
2,289
Hi there,

A conviction will automatically become spent and no longer appear on your criminal record after 10 years for an adult. The reason your conviction is not spent, is likely because your conviction is not eligible to be spent.

To be eligible to become spent after the 10 year period your imprisonment must be for less than 30 months, and you cannot have broken the law since then. I assume the latter is satisfied but since your imprisonment was for 36 months, your conviction cannot be spent.

However, there are still circumstances where spent convictions must be disclosed anyway.
 

Anonymous Sin

Active Member
14 September 2016
6
0
31
Thanks for your response. I realise that is the case. I am just hoping there is some process where I can apply before a judge or whatever to allow me to move on with my life.
 

Anonymous Sin

Active Member
14 September 2016
6
0
31
Anyone? I am not looking for free advice, just want to know if it's possible. I don't mind paying money to get advice on ways to go about this?
 
29 November 2017
3
0
1
Does the 30 month time frame refer to the whole sentence or time served ie suspended sentence? I served 3 months of a 3 year sentence for gbh in 2005 just want to know if my sentence does become spent or not

Hi there,

A conviction will automatically become spent and no longer appear on your criminal record after 10 years for an adult. The reason your conviction is not spent, is likely because your conviction is not eligible to be spent.

To be eligible to become spent after the 10 year period your imprisonment must be for less than 30 months, and you cannot have broken the law since then. I assume the latter is satisfied but since your imprisonment was for 36 months, your conviction cannot be spent.

However, there are still circumstances where spent convictions must be disclosed anyway.
 
29 November 2017
3
0
1
What circumstances is a spent conviction still discloseable? I got knocked back to drive an Uber
Hi there,

A conviction will automatically become spent and no longer appear on your criminal record after 10 years for an adult. The reason your conviction is not spent, is likely because your conviction is not eligible to be spent.

To be eligible to become spent after the 10 year period your imprisonment must be for less than 30 months, and you cannot have broken the law since then. I assume the latter is satisfied but since your imprisonment was for 36 months, your conviction cannot be spent.

However, there are still circumstances where spent convictions must be disclosed anyway.