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

[Loperi]

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?

 

[Sophea]

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.