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District Court of
Western Australia
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Spent Convictions

If you have convictions that are more than 10 years old, you can apply for an order to have them declared spent.

Old convictions are classed as either "serious convictions" or "lesser convictions". How you apply for an old conviction to be spent depends on whether it was a "serious" or a "lesser" conviction.

A serious conviction is where the penalty given was imprisonment for more than one year or a fine of $15,000 or more.  These applications are made to the court.

A lesser conviction is where the penalty was imprisonment for one year or less or a fine of less than $15,000.  These applications are made to the Commissioner of Police.

If the penalty given was life imprisonment, you cannot apply to have the conviction spent.

The Legal Aid Commission of Western Australia has a kit designed to assist applicants, which is available at this link with the relevant web page being under "Information about the Law":

http://www.legalaid.wa.gov.au

Last updated: 2-Jul-2014

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