Spent Convictions Act 2021

Subject to subsection (2), a conviction for an offence against a law of Victoria or a foreign law by a natural person becomes spent on the day on which the person is convicted if—

the court makes a finding of guilt without recording a conviction; or

the conviction is a qualified finding of guilt under section 17(1)(c) or 38X(1)(c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 or a finding under a provision of a foreign law that corresponds to either or both of those provisions; or

the conviction (including a serious conviction) is for an offence committed when the person was under the age of 15 years; or

the only penalty imposed on conviction is a fine imposed by the Children's Court or a court of a country other than Australia that corresponds to the Children's Court; or

a conviction is recorded and the person is discharged by the Children's Court or a court of a country other than Australia that corresponds to the Children's Court in accordance with a law of that country; or

the conviction is an infringement conviction or a conviction under a foreign law that corresponds to an infringement conviction.

If a court imposes a penalty with a condition attached for the conviction, the person's conviction does not become spent under this section until the person completes all conditions attached to the penalty.

For the purposes of subsection (1)(c), a serious conviction includes a conviction under a foreign law that, if it had been imposed in Victoria, would have constituted a serious conviction.

In this section—