The Australian Commonwealth Spent Convictions Scheme means that certain criminal convictions are not disclosed after a period of good behavior. The Scheme applies to convictions for less serious Commonwealth, State, Territory and Foreign offences, and also covers pardons and quashed convictions. Importantly, any unauthorised disclosure and use of this information is also prohibited. Generally speaking, a spent conviction is:
- A criminal offence older than five years, if convicted as a child
- An offence older than ten years in any other case
The above waiting periods are intended to demonstrate that the individual has been of good behaviour and has not re-offended during the five year or ten year period.
In some circumstances, Spent Conviction schemes do not apply, resulting in various levels of information release. The information that is released on a police check is done so in consideration of the applicant's role, industry, contact with vulnerable groups and state (to assess relevant legislation).
The Commonwealth Spent Convictions Scheme generally does not apply to more serious convictions where the individual has been sentenced to imprisonment for more than 30 months.
If you require more information: the Commonwealth, and each state and territory publishes their disclosure schemes online.