Application for a Spent Conviction
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:-
(a) it considers that the offender is unlikely to commit such an offence again; and
(b) having regard to:-
(i) the fact that the offence is trivial; or
(ii) 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.