What Is a Spent Conviction Order in Western Australia?
A Spent Conviction Order (SCO) can help eligible people in Perth and throughout Western Australia reduce the long-term impact of a criminal conviction. In many cases, a spent conviction will no longer appear on a National Police Clearance, allowing greater access to employment, housing, travel, and professional opportunities. Obtaining advice from an experienced Perth criminal defence lawyer can significantly improve your prospects of successfully obtaining a Spent Conviction Order
A Spent Conviction Order (SCO) is an order made by a Court under the Sentencing Act 1995 (WA) that declares a conviction “spent.”
When a conviction is declared spent, it will not usually appear on a National Police Clearance and, in most cases, you won’t need to disclose it when applying for jobs, housing, or licences.
However, there are important exceptions. Certain occupations, such as those involving children, healthcare, law enforcement, or security, may still require disclosure of all convictions, even if they have been declared spent.
Applying for a Spent Conviction Order at Sentencing in WA
A Spent Conviction Order may help you clear your criminal record for many employment, licensing, and police clearance purposes.
In many cases, you can apply for a Spent Conviction Order at the time of sentencing.
To be eligible, you must satisfy the Court that:
- You are of good character and the offence was out of character;
- You are unlikely to re-offend; and
- The offence was not so serious that it should remain on your record.
The Court can only grant a Spent Conviction Order if the sentence type allows it for example, a fine, community-based order, or suspended imprisonment. If you receive a sentence such as immediate imprisonment or an Intensive Supervision Order, the Court cannot declare the conviction spent at that stage.
At Perrella Legal, we regularly assist clients in preparing submissions for a Spent Conviction Order at sentencing ensuring the application is properly supported by evidence of good character, employment history, and rehabilitation.
How to Apply for a Spent Conviction Order After 10 Years
If you did not (or could not) obtain a Spent Conviction Order at sentencing, you may still be able to apply later under the Spent Convictions Act 1988 (WA).
Generally, you must wait:
- 10 years from the date of conviction, plus any period of imprisonment, before applying; and
- Remain conviction-free during that period.
Any new conviction within the waiting period may delay or reset the eligibility period.
Where to Apply for a Spent Conviction Order in WA
The process depends on the seriousness of the original conviction:
- Lesser Convictions – where the penalty was a fine of less than $15,000 or imprisonment of one year or less, the application is made directly to WA Police (you usually don’t need a lawyer).
- Serious Convictions – where the penalty was a fine of $15,000 or more, or imprisonment exceeding one year, the application must be made through the District Court, and legal representation is strongly recommended.
Spent Convictions for Commonwealth Offences
For Commonwealth (federal) offences, a conviction may automatically become spent after:
- 10 years for adults, or
- 5 years for juvenile offenders,
provided the sentence was less than 30 months imprisonment and no further convictions were recorded during the waiting period. Therefore, after the mandatory waiting time has expired you are not required to make an application for eligible Commonwealth offences to be declared spent – it happens automatically.
How our Perth Spent Conviction Lawyers can help
Our Perth criminal defence lawyers regularly assist clients seeking Spent Conviction Orders for traffic offences, drug offences, assault charges, dishonesty offences, and other criminal convictions throughout Western Australia. We prepare detailed sentencing submissions, character references, and rehabilitation material aimed at helping clients minimise the long-term impact of a criminal record.
A Spent Conviction Order can make a real difference to your future especially when applying for work, professional registration, or travel.
At Perrella Legal, we can help you:
- Assess your eligibility for a Spent Conviction Order;
- Prepare detailed submissions to the Court at sentencing;
- Assist with District Court applications for serious convictions; and
- Advise on how a spent conviction might affect employment or licensing in your field.
Contact Perrella Legal today for confidential advice on your prospects of obtaining a Spent Conviction Order in Western Australia.