Spent Convictions in Australia: What Shows on a Police Check?

A spent conviction is a criminal conviction that, after a specified waiting period, is no longer required to be disclosed on a standard police check or in most circumstances. The concept is based on the principle that people who have committed offences and served their penalty should, after a reasonable period of good behaviour, be able to move on without their past following them indefinitely.

In Australia, the spent convictions framework operates at two levels: the Commonwealth scheme under Part VIIC of the Crimes Act 1914 (Cth), and individual state and territory schemes under their respective criminal records or rehabilitation legislation. The Commonwealth scheme applies to federal offences, while state schemes apply to state offences. In practice, both are considered when generating a national police check.

Once a conviction becomes "spent," it is effectively treated as though it did not happen for most purposes. This means:

• It should not appear on a standard national police check
• You are not required to disclose it to employers (with certain exceptions)
• An employer cannot lawfully discriminate against you on the basis of a spent conviction
• It is generally unlawful for anyone who knows about a spent conviction to disclose it to a third party

However, the spent convictions scheme has significant exceptions for certain types of employment and certain categories of offences. These exceptions are critical to understand for both employers and candidates, particularly in regulated industries like aged care, childcare, and financial services.

The Commonwealth spent convictions scheme is set out in Part VIIC of the Crimes Act 1914 (Cth). It applies to convictions for offences against Commonwealth laws (federal offences), as well as offences committed in the ACT and the Northern Territory (which historically fell under federal jurisdiction).

Under the Commonwealth scheme, a conviction becomes spent after a waiting period of:

• 10 years for adult offenders (aged 18 or over at the time of conviction)
• 5 years for juvenile offenders (under 18 at the time of conviction)

The waiting period is called the "crime-free period" and runs from the date of the conviction. During this period, the person must not be convicted of any further offence punishable by imprisonment. If a new conviction occurs during the crime-free period, the clock resets.

A conviction is only eligible to become spent if the sentence imposed was not more than 30 months' imprisonment. Convictions resulting in a prison sentence of more than 30 months can never become spent under the Commonwealth scheme, regardless of how much time has passed.

The following outcomes can also become spent under the Commonwealth scheme:

• Good behaviour bonds and recognisances
• Fines
• Community service orders
• Suspended sentences (provided the total sentence does not exceed 30 months)
• Conditional release orders

Pardons result in the conviction being treated as spent immediately, regardless of the waiting period or sentence length.

Each Australian state and territory has its own spent convictions legislation that applies to offences committed under state law. While the general principles are similar, the specific waiting periods and eligibility criteria vary.

• New South Wales: The Criminal Records Act 1991 (NSW) provides a waiting period of 10 years for adults and 3 years for juveniles (from the date of conviction). Convictions with a prison sentence exceeding 6 months cannot become spent. This is one of the most restrictive thresholds in Australia. Sexual offences against children are excluded entirely.
• Victoria: The Spent Convictions Act 2021 (Vic) — which modernised Victoria's scheme — provides a waiting period of 10 years for adults and 5 years for juveniles. Convictions with a prison sentence of more than 30 months are ineligible. Victoria's scheme also allows individuals to apply to the Magistrates' Court to have a conviction spent before the waiting period expires in certain circumstances.
• Queensland: The Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld) provides a 10-year rehabilitation period for adults and 5 years for juveniles. Convictions resulting in imprisonment of more than 30 months are excluded. Queensland also excludes convictions for certain serious offences regardless of sentence length.
• Western Australia: The Spent Convictions Act 1988 (WA) has a 10-year waiting period for adults and 5 years for juveniles. The imprisonment threshold is 30 months. WA also has a unique provision allowing individuals to apply to a District Court judge to have a conviction with a sentence exceeding 30 months declared spent, under exceptional circumstances.
• South Australia: The Spent Convictions Act 2009 (SA) provides a 10-year waiting period for adults and 5 years for juveniles. Convictions attracting a sentence of more than 24 months cannot become spent — a slightly lower threshold than the Commonwealth scheme.
• Tasmania: The Annulled Convictions Act 2003 (Tas) uses the term "annulled" rather than "spent." The waiting period is 10 years for adults and 5 years for juveniles, with a sentence threshold of 30 months.
• ACT and Northern Territory: These jurisdictions are covered by the Commonwealth scheme under Part VIIC of the Crimes Act 1914, with a 10-year adult waiting period, 5-year juvenile period, and a 30-month sentence threshold.

It is important to note that if you have convictions in multiple states, each conviction is assessed under the spent convictions legislation of the state where the offence occurred, not where you currently reside. A conviction in NSW (6-month sentence threshold) is assessed differently from a conviction in Victoria (30-month threshold), even if both appear on the same national police check.

Understanding exactly what appears on a national police check is crucial for both candidates and employers. The information disclosed depends on the type of check, the purpose, and the jurisdiction of the offences.

What typically DOES show on a standard police check:

• Convictions that have not yet reached the spent convictions waiting period
• Convictions with sentences exceeding the applicable state threshold (e.g., over 6 months in NSW, over 30 months in most other states)
• Pending charges (charges that have been laid but not yet finalised by a court)
• Outstanding warrants
• Findings of guilt without conviction (in most jurisdictions, for the duration of the waiting period)
• Court-imposed conditions still in effect (such as apprehended violence orders in some states)

What typically DOES NOT show on a standard police check:

• Spent convictions (those that have passed the waiting period and are under the sentence threshold)
• Charges that were dismissed or withdrawn
• Acquittals (not guilty findings)
• Diversionary programs completed successfully (e.g., drug diversion, mental health diversion)
• Juvenile cautions (in most jurisdictions)
• Infringement notices (traffic fines, parking fines, etc.)
• Matters dealt with by way of a caution (adult cautioning schemes)

Important caveat: The above applies to standard national police checks. For certain purposes (such as working with children or in aged care), the check may be an enhanced or comprehensive disclosure that reveals additional information, including spent convictions. See the exceptions section below for details.

It is also worth noting that police check results can vary depending on the currency of court records. In rare cases, a conviction that should be spent may still appear due to incomplete data entry by court registries. If this occurs, you have the right to request a correction through the relevant state police agency.

The spent convictions scheme includes significant exceptions for certain categories of employment and professional licensing. In these cases, all convictions — including spent convictions — may be disclosed on a police check and must be considered by the employer or licensing body.

The major exception categories include:

Working with children: All states and territories have exemptions from the spent convictions scheme for positions involving contact with children. This includes teachers, childcare workers, school support staff, youth workers, foster carers, and volunteers in child-related roles. Under Working with Children Check (WWCC) legislation, all criminal history — including spent convictions — is assessed. Certain serious offences (such as sexual offences against children) may result in an automatic bar from child-related work.

Aged care: Under the Aged Care Act 1997 and the Aged Care Quality Standards, police screening for aged care workers includes disclosure of spent convictions. The Aged Care Quality and Safety Commission requires providers to consider all criminal history when assessing staff suitability. Serious offences including violence, sexual assault, and theft can disqualify a person from aged care work.

NDIS and disability services: The NDIS Worker Screening Check, administered by state worker screening units, is an enhanced check that considers spent convictions. Certain offences constitute "automatic exclusion offences" that permanently bar a person from NDIS work, regardless of when they occurred.

Financial services: ASIC and APRA require fit-and-proper-person assessments for responsible persons under the Corporations Act 2001. Spent convictions for fraud, dishonesty, and financial offences may be disclosed and considered as part of these assessments.

Law enforcement and justice: Police officers, correctional officers, judicial officers, and security industry workers are typically exempt from spent convictions protections. Full criminal history disclosure is required for these roles.

Legal profession: Admission to practice law requires disclosure of all criminal convictions, including spent convictions, to the relevant legal admissions board.

Aviation and maritime: Certain roles in aviation (under the Aviation Transport Security Act 2004) and maritime security require full criminal history disclosure including spent convictions as part of background checking by the Office of Transport Security.

Employers in Australia have specific legal obligations when it comes to spent convictions and criminal record information. Failing to comply with these obligations can expose an employer to discrimination complaints, privacy breaches, and reputational damage.

You cannot ask about spent convictions (unless an exemption applies). In a job application form, interview, or reference check, an employer should not ask "Have you ever been convicted of a criminal offence?" without qualifying the question. The correct approach is to ask whether the candidate has any unspent convictions or convictions that are required to be disclosed for the specific role.

You cannot discriminate based on spent convictions. Under the Australian Human Rights Commission Act 1986 (Cth) and equivalent state legislation, it is unlawful to discriminate against a person in employment on the basis of a spent conviction. If an employer becomes aware of a spent conviction (for example, through an error in a police check), they must disregard it when making employment decisions — unless an exemption applies.

You must handle police check results securely. Under the Australian Privacy Principles (APPs), criminal history information is classified as sensitive information under the Privacy Act 1988. Employers must:

• Only collect criminal history information that is reasonably necessary for the role
• Store it securely with restricted access
• Not disclose it to anyone who does not have a legitimate need to know
• Destroy it when it is no longer needed (and no later than the retention period specified in your privacy policy)

You should have a criminal history assessment policy. Best practice is to have a documented policy that sets out how your organisation assesses police check results. This policy should include the factors you consider (such as the nature and relevance of the offence, time elapsed, and the candidate's role), the decision-making process, and how candidates are given an opportunity to provide context before a decision is made.

The Australian Human Rights Commission recommends that employers adopt an "inherent requirements" test — only considering criminal history that is directly relevant to the inherent requirements of the specific position. A blanket "no criminal history" policy is unlikely to withstand a discrimination complaint.

As a candidate or job applicant in Australia, you have important rights when it comes to criminal history screening and spent convictions.

Right to not disclose spent convictions: In most circumstances, you are legally entitled to answer "no" if asked whether you have a criminal record, provided all your convictions are spent. You do not need to volunteer information about spent convictions, and you cannot be penalised for non-disclosure of a spent conviction in a standard employment context. The only exception is if the role falls into an exempt category (working with children, aged care, etc.).

Right to know the purpose of a police check: Before consenting to a police check, you have the right to know what type of check is being conducted, what information may be disclosed, and how the results will be used. An employer must obtain your informed consent before initiating a police check — this is a requirement under both the Privacy Act and the ACIC's National Police Checking Service policies.

Right to see your results: You have the right to see the results of your police check. If an employer receives your police check results directly (through an organisational account), they must provide you with a copy upon request. Many accredited providers now send results to both the applicant and the requesting organisation simultaneously.

Right to dispute inaccurate information: If your police check contains information you believe is incorrect — such as a conviction that should be spent, a charge that was dismissed, or information belonging to another person — you have the right to dispute it. Contact the ACIC or the relevant state police agency to request a review. You can also contact the accredited body that processed the check to initiate a dispute.

Right to provide context: If your police check reveals disclosable outcomes, best practice (and the approach recommended by the Australian Human Rights Commission) is for the employer to give you an opportunity to provide context before making a decision. This might include explaining the circumstances of the offence, rehabilitation steps you have taken, or the time that has passed since the offence.

What to do if a spent conviction wrongly appears:

• Step 1: Contact the accredited body that processed the check and request a review, citing the relevant spent convictions legislation.
• Step 2: If the issue is not resolved, contact the ACIC's National Police Checking Service directly and lodge a formal dispute.
• Step 3: Contact the relevant state police agency that holds the original court record and request that they update their records to reflect the spent status.
• Step 4: If you have suffered adverse consequences (such as losing a job offer) due to an incorrectly disclosed spent conviction, consider lodging a complaint with the Office of the Australian Information Commissioner (OAIC) or the Australian Human Rights Commission.

If you are unsure whether your conviction is spent, you can apply for a national police check yourself (for the purpose of "personal use") before your employer does. This gives you the opportunity to review the results and address any issues before they are seen by a potential employer.