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Office Number: (03) 9077 4834 | After Hours Number: 0434 701 484
Office Number: (03) 9077 4834
After Hours Number: 0434 701 484

Apply to Clear Your Record

Spent Convictions Applications in Victoria

A Past Mistake Shouldn’t Define Your Future.
For many people, an old criminal record continues to hold them back long after they’ve finished their sentence and paid their debt. It limits employment opportunities, travel, volunteer work, and even personal relationships. But it doesn’t have to be that way.

Under Victoria’s Spent Convictions Scheme, you may be eligible to have your criminal record cleared, giving you a fresh start without the shadow of your past convictions.

At Emma Turnbull Lawyers (ETL), our lawyers can help you apply for Spent Conviction Orders. We know the system. We understand what the courts look for. And we’ll guide you through every step to give you the best chance of success.

What Is a Spent Conviction?

A spent conviction is a criminal conviction that no longer appears on your official police record when disclosed.

Under Victoria’s Spent Convictions Act 2021 (Vic):

  • Certain convictions are automatically spent after a crime-free period.
  • Other convictions (such as more serious offences) may require you to apply to the Magistrates’ Court for a Spent Conviction Order.

A spent conviction means:

  • You are legally allowed to say you have no criminal record in most contexts.
  • Your conviction won’t appear on a standard police check.
  • You can move forward in life without constant reminders of your past.

Why Apply for a Spent Conviction?

A criminal record can restrict your:

  • Employment prospects
  • Self confidence
  • Volunteering opportunities
  • Reputation and personal relationships

For many people, a spent conviction represents more than clearing a record, it’s about reclaiming dignity, career opportunities, and freedom.

Who Can Apply for a Spent Conviction Order?

You may be eligible if:

  • You have a conviction recorded in Victoria that is not automatically spent.
  • You have completed your sentence and have not reoffended.
  • A certain crime-free period has passed since your conviction:
    • 5 years for offences committed as a child.
    • 10 years for adult convictions.
  • Your offence is eligible for a spent conviction under the law (serious offences like sex crimes or violent offences may not qualify automatically).

Applications for a Spent Conviction Order are made to the Magistrates’ Court of Victoria.

The Application Process

Initial Consultation and Eligibility Assessment
We assess your criminal record and advise whether you are eligible to apply for a spent conviction order. This includes reviewing the nature of the offence, the time passed, and any additional factors relevant to your application.

Preparing Your Application
Our team will:

  • Draft your application with you.
  • Assist you to gather character references, employment history, rehabilitation reports, and other evidence.
  • Ensure your application addresses the key factors the court must consider.

Filing with the Magistrates’ Court

We settle and lodge your application with the court, ensuring it is compliant and comprehensive.

Court Hearing
If a hearing is required, we represent you in court, presenting your application and arguing why your conviction should be spent.

Outcome
If successful, the court will issue a Spent Conviction Order, meaning your conviction will no longer be disclosed on a criminal history check in most cases.

What the Court Considers:

Under Section 11 of the Spent Convictions Act 2021 (Vic), the Magistrate must consider:

  • The nature and circumstances of the offence.
  • Your age when the offence occurred.
  • The time passed since the conviction.
  • Evidence of rehabilitation and personal development.
  • The impact the conviction continues to have on your life.
  • The interests of public safety.

Why Choose Emma Turnbull Lawyers for Your Spent Convictions Application?

  • Specialists in Criminal Law: Accredited Criminal Law Specialists with a track record of success. We are in court advocating for our clients every day and you gain the benefit of our strategic skillset.
  • Tailored Application Strategy: We know how to build a persuasive application that addresses the legislative requirements and the court’s potential concerns.
  • Compassionate, Client-Focused Approach: We understand what’s at stake. This is about your future, and we treat it with the urgency and respect it deserves.
  • Courtroom Advocacy: If a hearing is required, you’ll be represented by a lawyer who knows how to present your case with confidence and clarity.

Let’s Get Started.

The sooner you act, the sooner you can move forward. If an old conviction is still affecting your life, let us help you leave it in the past where it belongs.

We’ll assess your eligibility, explain your options, and start building your application.

Call Emma Turnbull Lawyers on (03) 9077 4834 or contact us to arrange a conference.

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