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NSW Spent Convictions - Does the 6-Month Prison Sentence Also Apply to Suspensions?

Discussion in 'Criminal Law Forum' started by Loperi, 22 March 2016.

  1. Loperi

    Loperi Member

    22 March 2016
    Likes Received:
    Hello, I just got a question about spent convictions.

    It says:

    In relation to NSW convictions, a conviction generally becomes a "spent conviction" if a person has had a 10‑year crime‑free period from the date of the conviction. However, certain convictions may not become spent. This includes:

    ·where a prison sentence of more than 6 months has been imposed (periodic or home detention is not considered a prison sentence);

    My question is, does this 6 month applies even if the sentence was suspended?
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
    Likes Received:
    Hi Loperi,

    I know that in Qld, a conviction carrying a sentence of more than 30 months imprisonment (whether or not that sentence is suspended) is excluded from the regime. Therefore I would assume that NSW would be the same? So yes a prison sentence of more than 6 months would include a suspended sentence.
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