Image module

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.

Our Legal Services
Our Senior Criminal Defence Lawyers provide quality legal representation to clients in the metropolitan area and throughout regional Western Australia.
Violence Restraining Orders
We are also very experienced with Violence Restraining Order matters representing either the applicant or respondent.
Contact Us
Contact us today to find out how our team can be of service to you.
Contact our Senior Criminal Defence Lawyers
to book an appointment on (08) 9221 1201