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How to make sure an old conviction has been spent

Information about ensuring that an old conviction has been spent

After the conviction period has passed without the person being convicted of another offence, the person's conviction should automatically be removed from their record. This means that it will not show up on a person's record unless an exception applies or for the purposes of the administration of justice.

The Act makes it clear that a person can request their own criminal record (including spent convictions) from a law enforcement agency, court or tribunal.

A law enforcement agency is defined in section 3 and includes Victoria and interstate and Federal police, Commissioner of Corrections, Director of Fines Victoria.

See ss. 21(3)—Spent Convictions Act 2021 (Vic)(opens in a new window).

Return to the main page on spent convictions