Spent Convictions Act 2009

A conviction for an eligible sex offence is spent if, on application by the convicted person in accordance with the regulations, a qualified magistrate makes an order that the conviction is spent.

An application for an order under this section in respect of a conviction—

may not be made until the completion of the qualification period for the conviction; and

may not be made if a qualified magistrate has refused to make an order under this section in respect of the same conviction within the preceding 2 years.

An application under this section may not be made in respect of a conviction for an offence against the laws of another jurisdiction.

Schedule 2 applies to an application under this section and to proceedings on an application.

The making of an order under this section is at the discretion of the qualified magistrate and that discretion will be exercised having regard to—

the nature, circumstances and seriousness of the offence; and

if a victim impact statement was furnished to the sentencing court in connection with the sentencing of the applicant for the offence (and that statement is available to the qualified magistrate)—anything referred to in that statement; and

any penalty imposed, and any other order or requirement made or imposed by a court, in relation to the offence; and

the length of time since the conviction; and

all the circumstances of the applicant, including the circumstances of the applicant at the time of the commission of the offence and at the time of the application and whether the applicant appears to have rehabilitated and to be of good character; and

whether the spending of the conviction and the non‑disclosure of the offence to other persons by operation of an order under this section might present a risk to the public (and, if so, the extent of that risk); and

whether there is any other public interest served in not making the order; and

any other matter considered relevant by the qualified magistrate.