NSW Charges as Spent Convictions on Police Clearance?

[Paul56]

In NSW, some forty-one years ago (1975), I was convicted of selling pot (I was 18). I was put away for 18 months with a non-parole of 12 months. I was released 12 months later. I also have a B&E 1 charge and car theft 2 charges. They were before the drugs charge.(1974)

I recently got a National Police Clearance and these were on it. Is it possible for me to have them as spent convictions? I am currently in West Australia. but these offences happened in NSW.

 

[Victoria S]

Under NSW legislation there are exceptions to the spent conviction scheme: a conviction will not become spent after 10 years, if you were imprisoned for more than 6 months, it was a sexual offence, its a conviction against a company or it falls under another exception set out in regulations. Therefore your convictions for which you were imprisoned for more than 6 months are not eligible to be spent.

Also even if you have a valid spent conviction it may appear on a police check if you apply for jobs such as a judge, magistrate, justice of the peace, police officer, member of staff of Corrective Services NSW, teacher or a teachers aid - as all convictions must be disclosed for such jobs.