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NSW Charges as Spent Convictions on Police Clearance?

Discussion in 'Criminal Law Forum' started by Paul56, 5 July 2016.

  1. Paul56

    Paul56 Active Member

    29 January 2016
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    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.
  2. Victoria S

    Victoria S Well-Known Member

    9 April 2014
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    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.
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