If the court rules that you're guilty of a crime, you could get a conviction.
Having a conviction (or convictions) on your record means you might have trouble getting certain jobs or travelling internationally.
A conviction will appear on your National Police Certificate (NPC), which is often referred to as a 'police check'.
Spent convictions
Not all convictions stay on your record forever. It's possible to have some removed, or ‘spent’. There are a few different ways this can happen, so it's important to seek legal advice about your specific circumstances.
Seeking an exemption for certain purposes
In most circumstances, a spent conviction won't appear on your police records check and doesn't have to be disclosed when you're asked about your criminal history.
However, some spent convictions will continue to be disclosed in certain circumstances, including when you apply for a NPC for the purposes of:
- working with, or caring for, vulnerable people; or
- activities that require a character test.
You may be able to apply to the Magistrates Court for an exemption order to have these convictions removed.
You'll need to provide:
- a supporting affidavit
- a national police check that is no more than 6 months old
- if possible, a transcript of sentencing remarks from the original court proceedings.
Removing historical homosexual convictions
There's a special process for applying to have offences spent for conduct that's no longer a crime, such as homosexual activity, because it should never have been a crime.
What you'll need
Complete the form for a Spent Convictions Act order.
You'll need to provide:
- information about the conviction
- a national police check (NPC) that is no more than 6 months old
- if possible, a transcript of sentencing remarks from the original court proceedings.
Your NPC will have some of the relevant conviction details and you can also contact the Courts Administration Authority to access court records - phone 8204 2444 or email enquiry@courts.sa.gov.au.
Who can apply
Normally, the person who was convicted must apply. If that person has passed away or has a mental incapacity, someone else can apply on their behalf:
- a spouse or domestic partner
- an adult sibling or child
- a guardian (if they're incapacitated)
- the executor or administrator of their estate (if they're deceased)
- any other person that the magistrate considers is appropriate.
How to apply
It doesn't cost anything to apply, but there's a cost for getting a national police check.
Complete the application form and compile your supporting documents.
The forms are available from the Courts Administration Authority, or you can ask for a form to be mailed to you - phone 8204 2444 or write to:
The Registrar
Adelaide Magistrates Court
PO Box 6115, Halifax Street
Adelaide SA 5000
Lodge your application in person at the registry counter of the Magistrates Court.
Privacy concerns
You could be sent letters or emails about your application so if you're concerned about privacy, provide a postal or email address that nobody else can access.
What happens next
Usually a magistrate can decide your application based on the documents you provide and you won't have to attend a hearing.
If you do need to attend a hearing the court will notify you of the time and date. The hearing must be held in private unless you consent to a public hearing or the magistrate decides it should be public.
Getting help
If you need help with your application contact:
- the Legal Services Commission - phone 1300 366 424
- a community legal centre
- a private lawyer (for referrals phone the Law Society on 8229 0200).
These organisations could also help you:
- Council On The Ageing SA, Rainbow Hub (information and referral) - phone 8232 0422
- QLife - phone 1800 184 527 (3:00 pm to midnight daily)
- Lifeline - phone 13 11 14.
Related information
Other websites
- Children and the law - Legal Services Commission
- Support for victims of crime - Commissioner for Victims' Rights
- Removing homosexual convictions - factsheet (PDF 290KB) - Attorney-General's Department
- Removing homosexual convictions - easy read factsheet (PDF 870KB) - Attorney-General's Department
- Removing a conviction from your criminal record - easy read factsheet (PDF 567 KB) - Attorney-General's Department
