Do Spent Convictions need to be disclosed?
In Australia, some crimes may be dealt with as a “spent conviction”.
This means that the conviction may not need to be disclosed after a certain period of time.
An offence which is not released, on police checks, due to the operation of spent convictions legislation is referred to as a ‘spent conviction’ and will not be disclosed. (See exceptions below)
This applies once a period of time passes during which a person has committed no further offences. This period is known as the ‘waiting period’ or ‘crime-free period’ and is generally 10 years where a person was dealt with as an adult and 5 years otherwise (3 years in NSW).
However, there are exceptions, and this is important for those applying for a visa.
Spent convictions will still be disclosed in relation to Immigration/Citizenship applications, along with many other employment application situations.
Visa applications ask for ALL criminal records to be listed.
www.afp.gov.au/what-we-do/services/criminal-records/spent-convictions-scheme
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