To get a spent conviction, you must apply and then meet certain criteria to the court’s satisfaction. The grant of a spent conviction is discretionary, meaning the court does not have to grant one, even if you meet the conditions.

The following requirements must be met:

• The offence was trivial, or you are of good character: The court must be convinced that the offence was minor or that you are otherwise a person of good character. It you receive a term of imprisonment, you cannot be granted a spent conviction at sentence.

• You are unlikely to re-offend: The court will need to see evidence that you are unlikely to commit further offences.

• The conviction should be relieved immediately: The court must consider that the conviction is a burden and that you should be relieved of its recording.

Proving these three factors can be challenging, so seeking legal advice from an experienced criminal lawyer is crucial to ensuring that you meet the requirements and have the best chance of success.

You can apply to the District Court to have a serious conviction spent after a certain waiting period.

This waiting period is usually 10 years plus the length of the term of imprisonment imposed (rather than the time actually spent in prison). This waiting period is less for some offences. There are rules about what happens to the waiting period, if you are convicted of new offences before your old convictions have been spent.

If new convictions occur, the spent conviction process can be reset, and the person will have to wait again to apply for the spent conviction status. If you are convicted of another offence or offences before your previous conviction is spent, usually the 10 year waiting period will start again from the date of the latest conviction. However, if no punishment, or only minor punishment was imposed in relation to the latest conviction, the latest conviction will not cause the waiting period to start again.

Minor punishment means: if the conviction was entered before 3 August 2023, a fine of no more than $500, or if the conviction was entered on or after 3 August 2023, a fine of no more than $1,500.

The 10 year period is reduced to 3 years if your conviction was recorded on or after 1 August 2011 for an offence of possess cannabis (but not a cannabis plant, cannabis resin or any other cannabis derivative) or an offence of possess drug paraphernalia in or on which there is cannabis.

You cannot get a spent conviction if you were sentenced to life imprisonment.

How do I get a lesser conviction spent?

This request is made to the WA Police. You can apply for Nation Police Clearance, which automatically includes a request for any eligible WA convictions to be spent.

You don't need to complete a separate application about spent convictions.

There is a fee to get a National Police Certificate.

Alternatively, you can apply to WA Police for any eligible WA convictions to be spent, without getting a National Police Certificate. There is no fee for this application, but you won't receive a copy of your National Police Certificate at the end. 

How do I get a serious conviction spent?

If you meet the eligibility criteria, you may apply to have your conviction considered as "spent" under the law. This process involves submitting a formal application to the District Court of Western Australia. This is a very detailed written application to the court with supporting documents.

You will need to complete an application form. The form will ask for personal details, the details of the conviction, and proof that you have met the waiting period and other eligibility requirements.

The application will need to address:

• Whether having the conviction on your record stops you, or may stop you, from working in a particular job, profession, trade or business.

• Whether you have taken steps to rehabilitate yourself since you committed the offence.

• Whether there were things about the offence or your personal circumstances at the time, which made the offence less serious than other offences of the same type.

• Your circumstances at the time you make the application, including whether you are working.

It will then be heard by a Commissioner in the District Court of Western Australia. It may then be adjourned for oral arguments if the state oppose your application.