VIC Victoria Spent Conviction Scheme 2021. Are all non-convictions considered spent and not appear on my criminal record?

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7 October 2021
When I was around 18 years old, I stole a variety of goods because I was really stupid and dumb and eventually I got caught. For my court verdict, I was charged with around 20 counts of theft (which comprised a majority of the charges), attempted theft and making a false document that were all non-convictions. I've regretted committing these crimes ever since and I have vowed to change myself for the better. Fast forward years later and I just received a job offer that requires a background check.

Victoria has passed a Spent Conviction Scheme this year that "Non-conviction outcomes and convictions for offences committed when a person was under the age of 15 will be spent immediately from the date of a person’s conviction." However, it says that this legislation will not be in effect until 1 December 2021.

My questions are:
1. Are my non-convictions considered spent under the Scheme?
2. If so, can I say to my employer that I don't have a criminal record?
3. Before 1st December 2021, will the non-convictions still appear on my record? Is it possible to have these non-convictions spent and hidden before the date?

Tony Danos

LawConnect (LawTap) Verified
29 November 2016
There is complex legislation that covers what offences are spent and if automatic or not.
Call if you require a detailed answer.
Tony Danos
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