Applying for a spent conviction order
The Spent Convictions Act 2021 (Vic) establishes a scheme for serious convictions to be spent upon application to the Magistrates’ Court of Victoria.
The Spent Convictions Scheme allows for convictions for certain offences to be withheld from your police record (spent) if you have not re-offended for a certain period of time. More serious convictions require a court order, this is called a spent conviction order.
You can apply for this order if you meet the eligibility criteria. The following information will assist you to determine if you are eligible and sets out the supporting documents you need to include in your application.
Eligibility criteria
An application for spent conviction order can be made to the Magistrates’ Court in relation to a conviction for a serious violence offence, sexual offence or other offence, if it meets the criteria set out below, and the conviction period has expired.
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Adult offender |
Child/young offender |
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The applicant was 21 or older at the time of sentencing and:
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The applicant was a child/young offender (under the age of 21 years) at the time they were sentenced for either:
an offence where you were sentenced to a youth justice centre order or youth residential centre order of more than 30 months. |
Conviction period
The conviction period for the offence must have expired prior to applying for a spent conviction order. Under section nine of the Spent Convictions Act 2021, the conviction period is a period of:
- five years, for a conviction of a young offender/child under 21 at the time of the offence.
- 10 years for any other person.
A conviction for a new offence will restart the conviction period, unless one of the following circumstances apply:
- a finding by a court made without conviction
- no penalty is ordered
- the only penalty is a fine of no more than 10 penalty units
- the only penalty is an order to pay a victim compensation (such as for pain and suffering) or restitution (such as to restore stolen property).
If the convicted person has a disability within the meaning of the Equal Opportunity Act 2010, the person’s guardian may apply on behalf of the person in relation to a serious conviction of the person.
Court can be a complex process. The steps below provide general information about the process. It does not cover all scenarios nor does it constitute legal advice. Go to the legal help page for more information.
STEP 1: Before you start
When applying for a spent conviction order, the following supporting documents must be attached to the application:
- a copy of a National Police Check (NPC) that is not older than six months. Police checks can be obtained from Victoria Police or an Australian Criminal Intelligence Commission (ACIC) accredited body
- a copy of a guardianship order if you are appointed as a guardian for an applicant and applying on their behalf.
Material supporting the application that you wish the court to consider should also be attached, for example information in support of your rehabilitation.
STEP 2: Complete your application form
Fill in a Form 1 – Application for Spent Conviction Order and, supporting documents (see above for more detail).
If you are applying for a spent conviction order for more than one conviction, you must also complete Form 2 – Additional Conviction(s) and attach this to your application.
STEP 3: File your application
File your application and supporting material by email, post or in person at your closest Magistrates’ Court venue.
When your application is received by the court, they will check the contents of your application and ensure the supporting material is attached.
The court will return a copy of your application to you for service. It will be endorsed with the seal of the court and case number.
STEP 4: Serve application
To complete service, you must send your application, including attached documentation, to:
- the Chief Commissioner of Police via spentconvictionsapp@police.vic.gov.au and;
- the Attorney-General via spentconvictionsapp@justice.vic.gov.au
Ensure that you keep a record of service of the Chief Commissioner of Police and Attorney-General.
If documents are not served correctly, it may cause delays.
What happens next?
The court will consider your application for a spent conviction order.
You will be notified of the outcome of your application and whether you need to attend a hearing.
Fees
There is no fee for this application.
Your checklist
- Check your eligibility to make a spent conviction order application or seek legal advice.
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Gather the supporting documents:
- a copy of a National Police Check (NPC)
- any supporting material you wish the court to consider
- if you are applying in the capacity of a guardian, a copy of the guardianship order.
- Complete a:
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File with the Magistrates’ Court:
- Form 1 – Spent Conviction Order
- Form 2 – Additional Conviction(s) (if required)
- a copy of a National Police Check (NPC)
- any supporting material you wish the court to consider
- if you are applying in the capacity of a guardian, a copy of the guardianship order.
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Serve on the Chief Commissioner of Police and the Attorney-General:
- a copy of your application form: Form 1 – Spent Conviction Order
- a copy of any additional convictions: Form 2 – Additional Conviction(s) (if required)
- a copy of a National Police Check (NPC)
- any supporting material.
- Keep a record of your service.
Resources
This is not a full list of legislation associated with this topic. See the Victorian Government's legislation website for more information.
Related information
