The majority of the Spent Convictions Act 2021 started on 1 December 2021. You can read more information about the rules that apply to when a person’s criminal history can be disclosed (revealed) on this website.
The Spent Convictions Act 2021 passed the Victorian Parliament on 18 March 2021. It creates the Spent Conviction Scheme.
This scheme provides rules about when a person’s criminal history can be disclosed. For some kinds of convictions, if a person does not reoffend again for a period of time, disclosure will be protected. When this happens, the conviction is described as being ‘spent’.
Offences covered by the scheme
The scheme will remove the unfair barriers faced by Victorians who previously committed an offence but have since demonstrated their ability to rehabilitate.
Convictions with a sentencing outcome of 30 months or less will be eligible to be spent automatically after a 10-year crime-free period for adults and 5 years for young people.
Non-conviction outcomes and convictions for offences committed when a person was under the age of 15 will be spent immediately from the date of a person’s conviction.
Full criminal histories will continue to be disclosed to police, courts and other law enforcement agencies for the administration of the justice system and to protect community safety.
When will my conviction be spent?
From 1 December 2021, convictions that are spent will no longer show up on a police record check unless the check is conducted for particular types of employment, such as working with children. Full criminal histories will also continue to be disclosed where the check is conducted in order to hold certain licenses such as a firearms license.
From 1 July 2022, people with convictions for sexual offences or serious violence offences or people with sentencing outcomes of more than 30 months can apply to the Magistrates’ Court in limited circumstances to have their conviction spent after serving the relevant crime-free period.
The government is currently developing guidelines for the scheme to help the community and employers understand their rights and responsibilities under the new Scheme.