Spent Convictions in Australia: When Can You Stop Declaring a Criminal Record?
Last updated: June 2026
What Is a Spent Conviction?
A spent conviction is a criminal conviction that, after a period of time without re-offending, no longer needs to be disclosed in most circumstances. Once spent, you can lawfully say you have no criminal record for that offence.
The Federal Scheme
The federal scheme under Part VIIC of the Crimes Act 1914 (Cth) applies to Commonwealth offences and also operates in the ACT and NT.
| Category | Waiting period |
|---|---|
| Adult conviction | 10 years |
| Juvenile conviction | 5 years |
The period runs from the date of conviction or release from prison, whichever is later.
Sentence threshold: The conviction must have resulted in a sentence of no more than 30 months' imprisonment. Sentences over 30 months can never become spent.
Offences that can never become spent: Sexual offences, offences against children, certain serious violent offences.
State Schemes
| State/Territory | Legislation | Adult waiting period |
|---|---|---|
| NSW | Criminal Records Act 1991 | 10 years |
| VIC | Spent Convictions Act 2021 | 10 years |
| QLD | Criminal Law (Rehabilitation of Offenders) Act 1986 | 10 years |
| WA | Spent Convictions Act 1988 | 10 years |
| SA | Spent Convictions Act 2009 | 10 years |
| TAS | Annulled Convictions Act 2003 | 10 years |
When You Must Still Disclose
Spent convictions must still be disclosed for:
- Working with children (childcare, teaching)
- Law enforcement and national security roles
- Some health professional registrations
- Roles requiring a national police check for work with vulnerable people
Key Points
- 10-year waiting period for adults under the federal scheme; 5 years for juveniles
- Sentences over 30 months can never become spent
- Sexual offences and offences against children are permanently excluded
- Once spent, you can lawfully decline to disclose in most circumstances