Victorians with historical convictions who have demonstrated rehabilitation are to be able to move on with their lives without the fear of past mistakes ruining their future under new laws.
Announced by Attorney-General, Jaclyn Symes, the Spent Convictions Act 2021 came into effect on Wednesday (1 December), allowing eligible convictions to become ‘spent’ if the person has not reoffended after five years for young people, or 10 years for adults.
“A conviction that is spent will no longer appear on a police record check unless an exemption applies,” Ms Symes said.
“Historical convictions are a burden some people have had to live with long after they have demonstrated their ability to live a crime-free and productive life – often facing unfair stigma and discrimination,” she said.
“In many cases, these historical convictions are a barrier that limit a person’s full participation in society and their ability to find meaningful employment, access housing and participate in community events and volunteer work.”
Ms Symes said all convictions for children aged under 15 would be immediately spent, while convictions that resulted in sentences of 30 months or less would be eligible to be spent automatically after a five-year, crime-free period for young people aged 15-20 and a 10-year period for adults.
The Attorney-General said more serious convictions, such as sexual or serious violence offences, could only be spent upon application to the Magistrates’ Court, which would begin on 1 July.
“The Spent Convictions Act 2021 includes sensible exemptions for police, courts and corrections to ensure they will continue to have access to full criminal history records,” she said.
“Complete records can continue to be released when required for certain employers and other Agencies to make fully informed risk assessments based on public safety – such as checks for working with children or licensing.”
Ms Symes said the Equal Opportunity Act 2010 would also be amended to prohibit discrimination based on a spent conviction.
