Can You Get a Spent Conviction in Western Australia? What You Need to Know
September 21st, 2026
Being charged with a criminal offence can raise concerns about more than the penalty imposed by a court. For many people, one of the biggest worries is whether a conviction will affect their employment, professional registration or future opportunities.
A common question people ask a criminal lawyer is: “Can I get a spent conviction so that the offence does not appear on my police clearance?”
In Western Australia, a court may make a spent conviction order when sentencing an offender, provided the relevant legal requirements are met. However, a spent conviction is not automatic, and not everyone will qualify.
Understanding the law before your sentencing hearing can help you make informed decisions and prepare the relevant material for the court.
What is a spent conviction in WA?
A spent conviction is a criminal conviction that generally does not have to be disclosed and will not appear on a standard National Police Certificate.
For example, someone who receives a spent conviction for an offence will generally not have that conviction disclosed on an ordinary National Police Certificate obtained for employment purposes.
However, a spent conviction does not erase the offence or remove it from every official record. Police and courts can still access the conviction for certain purposes, including future criminal proceedings. There are also circumstances in which a person must disclose a spent conviction.
The law is designed to limit the ongoing consequences of eligible convictions, rather than pretend that the offence never occurred.
Who is eligible for a spent conviction in Western Australia?
Section 45 of the Sentencing Act 1995 (WA) establishes the principal requirements for a spent conviction order at sentencing.
The court must consider that the offender is unlikely to commit such an offence again. It must also consider that, having regard to the trivial nature of the offence or the offender’s previous good character, the offender should be relieved immediately of the adverse effects that the conviction might have.
This means the court considers both the offending and the individual circumstances of the person being sentenced.
A person with no previous criminal convictions may have relevant evidence of good character, but having a clean record does not automatically entitle them to a spent conviction.
Similarly, the fact that a conviction could affect someone’s employment does not, by itself, establish that the court should make a spent conviction order.
What evidence can help support a spent conviction application?
A spent conviction application should be properly prepared rather than treated as an afterthought at the sentencing hearing.
Depending on the circumstances, useful supporting material may include:
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Character references from people who know the offender and understand the nature of the offending.
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Evidence of employment or professional responsibilities, particularly where a conviction may have identifiable consequences.
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Documents demonstrating rehabilitation, counselling, treatment or other steps taken to address the conduct.
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Evidence of previous good character and a positive contribution to the community.
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Information explaining why the person is unlikely to commit a similar offence again.
For example, an employer may be able to explain how a conviction could affect an employee’s existing duties or continued employment.
However, an employer’s letter does not guarantee that the court will grant the application. The court must still apply the relevant statutory criteria.
Can you get a spent conviction for an assault or drug offence?
People charged with assault, drug offences, stealing, fraud and other criminal offences frequently ask whether a spent conviction is possible.
The answer depends upon the particular offence, the seriousness of the conduct, the applicable sentencing provisions and the individual’s circumstances.
The court must first determine the appropriate sentence. Certain sentencing outcomes prevent a spent conviction order from being made.
For example, a spent conviction order cannot be made where the offender is sentenced to an intensive supervision order or a term of imprisonment, including a suspended or conditionally suspended term. There are also restrictions where an offender has been subject to a pre-sentence order.
When should you apply for a spent conviction?
If you are facing a criminal charge in the Magistrates Court, District Court or Supreme Court of Western Australia, you may be able to seek a spent conviction order at the time of sentencing.
An application may be made following a guilty plea or after a finding of guilt at trial.
However, the decision to plead guilty should not be made simply because you hope to obtain a spent conviction.
Before entering a plea, it is important to understand the charge, consider the prosecution evidence and obtain advice about the available options.
If you intend to apply for a spent conviction, your lawyer can consider the relevant sentencing provisions and help prepare supporting material before the hearing.
Will a spent conviction show up on a police clearance?
Generally, no. A conviction that has been spent will not appear on a standard National Police Certificate.
However, the position can be different where a particular law requires disclosure of spent convictions or authorises access to information that would not appear on an ordinary police clearance.
Exceptions can arise in connection with certain government positions, work involving children, professional licensing and other regulated activities.
A spent conviction also does not automatically resolve immigration or overseas travel requirements.
If your primary concern is employment, professional registration or travel, it is important to obtain advice about the particular disclosure requirements that apply to you.
Does a spent conviction mean you avoid a fine or other penalty?
No.
A spent conviction order concerns the legal status and disclosure of the conviction. It does not remove the sentence imposed by the court.
For example, a person who receives a fine must still pay that fine even if a spent conviction order is made.
A spent conviction order also does not remove an applicable driver’s licence disqualification or other legal obligations arising from the sentence.
Can an old criminal conviction be made spent?
Yes, some older convictions may become eligible to be spent after the relevant waiting period.
This is a different process from seeking a spent conviction order at the time of sentencing.
In Western Australia, applications concerning eligible lesser convictions are generally made to WA Police. Applications concerning serious convictions are generally made to the District Court.
The applicable waiting period depends on the conviction, sentence and other relevant circumstances. A period of 10 years is common, but additional time or other requirements may apply.
A National Police Certificate application also includes a request for WA Police to spend eligible Western Australian convictions.
A conviction does not necessarily become spent merely because a particular number of years has passed.
How can a Perth criminal lawyer help?
A criminal lawyer can assist you in understanding the charge, reviewing the prosecution evidence and preparing for sentencing.
Where a spent conviction application is legally available, careful preparation can involve identifying the relevant statutory requirements, obtaining appropriate supporting material and presenting submissions directed to your individual circumstances.
At Bloxham Legal, Craig Bloxham provides criminal law advice and representation in Western Australia, including sentencing hearings and spent conviction applications.
With more than 20 years of experience appearing in Western Australian courts, Craig understands the importance of considering both the immediate sentencing issues and the longer-term consequences of a criminal conviction.
Speak to a Perth criminal lawyer about a spent conviction
If you are facing criminal charges and are concerned about your criminal record, obtaining legal advice before your sentencing hearing can help you understand your options.
Bloxham Legal can assist with advice and representation concerning criminal charges, sentencing and spent conviction applications in Western Australia.
Contact Craig Bloxham on 0417994468 to arrange an appointment to discuss your circumstances.
This article contains general information about criminal law in Western Australia and is not a substitute for legal advice concerning an individual case.
About the Author
Craig Clifford Bloxham – Barrister & Solicitor
Craig brings an uncommon blend of academic depth, scientific knowledge, and professional training to his criminal law practice. He holds a Bachelor of Laws, a Master of Business Administration, a Postgraduate Diploma in Psychotherapy, and a Postgraduate Diploma in Dispute Resolution. With advanced knowledge across scientific and technical disciplines, Craig is able to interpret and analyse complex evidence, from forensic material to digital data, with precision. This rare combination of legal, psychological, scientific, and strategic expertise enables him to approach each matter with a uniquely multifaceted perspective, offering insights that few practitioners in the field can match.