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It is important to realise that there is only a narrow window of opportunity for you to seek a spent conviction. If you do not obtain a spent conviction at the time that you are convicted, you will likely need to wait a further 10 years before being able to reapply (with the exception of some possession of cannabis offences, where the applicable period is 3 years after the date of conviction). For this reason, it is important to speak with an experienced Western Australian spent conviction lawyer, like Stevenson Legal, about your case before proceeding with a spent conviction application to ensure that it is well thought out, properly evidenced and cogently argued.
In Western Australia, legislation surrounding spent convictions involves the Spent Convictions Act 1988. For minor offences, such as those resulting in less than 12 months of imprisonment or a fine of less than $15,000, the conviction is considered spent after 10 years from the date of conviction, including any term of imprisonment served. However, serious offences require an application to the Magistrate Court for the conviction to be spent.
During the sentencing procedure, a court may also issue a spent conviction order, particularly for less severe offences. Importantly, individuals must apply to the WA Police for the conviction to be considered spent; it does not occur automatically. This is why it is important to apply at the time of which you are convicted with a lawyer who specialises in spent conviction applications.
Whilst not all employers will require nor ask about criminal history, there are certain jobs that do typically require a clear National Police Clearance. If you are employed or want to seek employment in the following jobs, you should consider applying for a spent conviction as soon as possible:
Government positions: Many government roles, including those in law enforcement, child protection, healthcare, and education, often require a National Police Clearance.
Security and emergency services: Jobs in security, emergency services, and related fields often require background checks, including a National Police Clearance.
Aged care and healthcare: Roles involving care for vulnerable individuals, such as aged care workers, nurses, and doctors, may require a National Police Clearance to ensure the safety of those under their care.
Childcare and education: Jobs that involve working with children, such as teachers, childcare workers and youth workers, typically require a national police clearance to ensure the safety of children. While spent convictions will always still show on a Working With Children Check, so too will the fact that the conviction was ordered as spent. That information in itself can provide inherent detail and information such as that the court that ordered the spent conviction took the view that the offence was either trivial, or that the person was a person of prior good character, and in any event that the offence was unlikely to be repeated, and that there were circumstances justifying relieving the person of the adverse impact of not getting a spent conviction. Accordingly, there can be a benefit to seeking a spent conviction even if the spent conviction itself will be disclosed on a working with children check.
Finance and banking: Some positions in finance and banking, especially those involving handling sensitive financial information or working with vulnerable clients, may require a National Police Clearance.
Volunteer roles: Many volunteer organisations, including charities, community groups, and sporting clubs, require volunteers to undergo a National Police Clearance to ensure the safety of participants and the community.
If you need advice on how to apply for spent convictions, our friendly team at Stevenson Legal can help. To book a consultation, contact us today by giving our friendly staff a call on (08) 9489 4898.