WA Will Prison Sentence Show Up on National Police Clearance?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Al1

Member
24 December 2018
4
0
1
In 2013, I was convicted in the district court for gbh and sentenced to 8 months in prison. I served half that time and the rest on parole. This was my 1st ever prison sentence.

I have 2 questions.

1. Will this show up on a national police clearance and be an issue with employment?

2. In WA, how long do I need to wait to get this removed or be a spent conviction?
 

Scruff

Well-Known Member
25 July 2018
887
131
2,389
NSW
Yes, it will show up on a National Police Check and therefore may affect your employment opportunities.

In WA, you have to apply for convictions to be spent - apparently it doesn't happen automatically like in some other states. The earliest you can apply is 10 years plus the duration of the sentence. (10 years + 8 months from the time of sentencing in this case.) In specific circumstances, the waiting period is reduced to 3 years if the offence involves cannabis under the Misuse of Drugs Act.

The following pages contain some relevant information:
No Conviction Recorded in WA | Spent Convictions
Applying for old convictions to be spent | Legal Aid WA
FAQ

The relevant legislation is the WA Spent Convictions Act 1988:
Western Australian Legislation - Spent Convictions Act 1988
 
  • Like
Reactions: Al1

Al1

Member
24 December 2018
4
0
1
Thanks for the response, very helpful. I was told 7 yrs from your last conviction date but that is not the case.