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Jessica
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John Melis, Expert
Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.
You have provided some excellent information, is there any more detail that you can assist with?
John Melis, Expert
Thank you for your information today.
Concerning your important matter Under the Criminal Records Act 1991, all convictions are capable of becoming spent except for: convictions where a sentence of more than 6 months was imposed; convictions for sexual offences; convictions against bodies corporate; or convictions prescribed by the regulations.
A conviction is deemed to be spent on completing the relevant crime free period which is 10 years.
It should be noted that the spending of a conviction, is different from that person’s criminal record being expunged. Applications for expungement are made to the Commissioner of Police. Expungements involve the physical destruction of the fingerprint card, photograph, and the physical deletion of the person’s criminal record in the Criminal Histories System. The Commissioner currently exercises an administrative discretion to expunge criminal histories having regard to the following general criteria: if proceedings are dismissed or withdrawn or there is an acquittal; after a conviction or finding that a charge has been proved and the sentence is deferred or suspended upon entering a recognisance; and a period of 15 years has passed since the date of the conviction or finding during which time there have been no further convictions or findings
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