Spent Convictions

Having a criminal record can have long term and far-reaching effect of your employment and travel opportunities. It is therefore important to seek the advice of an experienced criminal lawyer on your eligibility for a spent conviction or how you can get a spent conviction for a past offence.

Smiddy-Brown Legal, can assist your application for a spent conviction by framing your case for a spent conviction, We will maximise your chances of obtaining a spent conviction. We will advise you on what documentation is needed to be before the Court to be eligible to be considered for a spent conviction and we will make submissions to the court on your behalf as to why the court should grant you a spent conviction.

When is a spent conviction order made?

A spent conviction order can be made by a court at the time of sentencing. However, if the court imposes imprisonment, regardless of whether the term of imprisonment is suspended or immediate, or an intensive supervision order, the court does not have the power to grant a spent conviction.

The criteria for a spent conviction

The court must be satisfied that a person meets the following criteria:

(a) they are unlikely to commit a similar offence in future, and

(b) they are of prior good character and/or the offence is trivial in nature, and

(c) the adverse affect that a conviction would have upon a person and whether that person should be immediately relieved of that adverse effect having regard to: