Spent Convictions

7 October 2025 in Criminal Law | 4 min read | skip to FAQs

This article explains how spent convictions are treated in NSW. It outlines when a conviction can become spent, which convictions can never become spent, how the crime free period operates and the circumstances in which a conviction may still appear on a police check. It also explains why the spent conviction scheme exists and why it is important to seek legal advice if you are concerned about future disclosure of a criminal record.

What is a Spent Conviction?

This is a conviction that no longer needs to be disclosed. Once a conviction becomes spent, in most circumstances, it will not appear on a national police check, and therefore, does not need to be disclosed to employers, insurers, or most government agencies. The scheme was introduced to reduce the long term impact of minor and old offences, and to recognise individuals who have undertaken genuine rehabilitation.

When Does a Conviction Become Spent?

A conviction becomes spent when the relevant crime free period has been completed. The crime free period is outlined in section 9 and 10 of the Criminal Records Act 1991. For adults, the crime free period is prescribed to be 10 consecutive years from the date of conviction. For children, the crime free period is 3 consecutive years.

During this crime free period, a person must not:

1. Be convicted of any offence punishable by imprisonment; and
2. Have been in prison or unlawfully at large.

If another offence which has a prescribed penalty including a term of imprisonment is committed during the crime free period, then the period resets from the date of the most recent offence.

Convictions That Are Spent Immediately

There are several outcomes that become spent straight away, including:

1. Findings of guilt without conviction under Section 10 of the Crimes Sentencing Procedure Act
2. Dismissals and cautions in the Children’s Court, which are spent once the caution is administered
3. Conditional release orders without conviction, which are spent once the conditions are completed.
4. Historic offences that are no longer considered offences, which become spent immediately if listed in the regulations.

Which Convictions Can Become Spent?

Section 7 of the Criminal Records Act 1991 provides that all convictions can become spent except certain categories. Convictions that are not capable of becoming spent include:

1. Convictions where a prison sentence of more than 6 months was imposed. Intensive correction orders are not counted as prison sentences for this purpose.
2. Convictions for sexual offences.
3. Convictions recorded against corporate bodies.
4. Any other convictions prescribed by the regulations.

If a conviction falls within one of these excluded categories, it will remain on the persons criminal record permanently.

Traffic Offences and the Crime Free Period

Traffic offences are treated as separate offences under section 11 of the Criminal Records Act 1991. Traffic offences do not usually affect the crime free period for non-traffic offences. Similarly, non-traffic offences do not usually affect the crime free period for traffic offences.

There are some exceptions to this rule, including serious traffic offences such as those involving death or grievous bodily harm, which will restart the crime free period for all convictions. These can also include offences such as dangerous driving causing death or serous injury and manslaughter arising from the use of a vehicle.

Do I have to Disclose a Spent Conviction?

Once a conviction is spent, you are not required to disclose it for any purpose. If a person is asked to provide a copy of their criminal history, the law requires that the question be interpreted as referring only to convictions that are not spent. This protection applies in employment, insurance applications, tenancy applications and most interactions with government agencies.

However, a recent issue that has arisen is that many employers no longer ask about convictions, but instead ask whether a person has ever been charged or arrested. These questions fall outside of the protection of the spent conviction scheme. If a question from a potential employer is framed this way, the person may still be required to disclose past interactions with police, even if no conviction was recorded (or it was spent).

When Can a Spent Conviction Still Be Disclosed

There are certain occupations and assessments require full disclosure of a criminal history. In these circumstances, spent convictions may still appear on a national police check and can be considered. These include:

1. Working with children
2. Working in aged care
3. Working in a hospital, and with vulnerable persons
4. Firearms licence applications
5. Immigration or citizenship applications
6. Security clearances
7. Taxi or bus drivers accreditation
8. Some government or law enforcement roles
9. Assessments under the working with children check or NDIS worker check

The above list is not exhaustive and there may be further exclusions that apply depending on the purpose of the background check.

Is it Illegal To Disclose A Spent Conviction?

Yes, it is generally illegal and an offence to unlawfully disclose information about a spent conviction. The Criminal Records Act 1991 makes it an offence to obtain or disclose information relating to a spent conviction without authority by law. The maximum penalty for this offence is a maximum fine of $5,500.00 and/or six months imprisonment. There are exceptions that allow information on spent convictions to be disclosed. This includes information to enforcement agencies, court or other bodies when required by the law.

How do I Obtain my Criminal Record?

A person is able to apply for a national police check through the NSW Police Force or through another accredited provider. If you are a resident of NSW and over the age of 16, you can apply online. The certificate will list all disclosable court outcomes received across states and territories which remain a part of a persons record. A copy of a person’s police record is often required by prospective employers, licensing, visa applications or volunteer work.

How can BSM Sydney Lawyer assist you?

The criminal legal team at Brander Smith McKnight Sydney Lawyers are able to provide further information about whether previous criminal convictions may be spent, time frames for this to occur and the potential impact on your criminal history in relation to certain areas of employment. The senior criminal lawyers at BSM Lawyer Sydney offer a free 20-minute consultation to discuss your case.

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