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In determining whether to grant a spent conviction, section 45(1) of the Sentencing Act 1995 (WA) provides that:-

A Court sentencing an offender is not to make spent conviction order unless:-

  • It considers that the offender is unlikely to commit such an offence again; and
  • Having regard to:-
  • The fact that the offence is trivial; or
  • The previous good character of the offender

it considers that the offender should be relieved immediately of the adverse effect that is a spent conviction for the purpose of the Spent Convictions Act 1988.

Other factors which have been held by the Court to be relevant when making a determination on a spent conviction include the following (but not limited to):-

  • The effect that a conviction may have on the offender’s employment prospects;
  • The likelihood of re-offending;
  • The general character of the offender;
  • The benefit to the community of spending the conviction;
  • The seriousness of the offence.

It is essential to obtain professional legal representation to ensure your Application for Spent Conviction is successful. Our legal team at Perth Criminal Lawyers & Barristers is capable of providing you with professional legal services in this regard.

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