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    What is a spent conviction?

    A spent conviction is a criminal conviction that no longer has any effect. Spent convictions do not appear on a police records check and do not have to be disclosed when questions are asked about a person’s criminal history [Spent Convictions Act 2009 (SA) s 10].

    Certain convictions will become spent if there has been no re-offending within a specified time period. Convictions can also become spent if they are quashed or a pardon is granted [s 4].

    Some court findings are treated as convictions for the purposes of the Spent Convictions Act 2009 (SA) but are taken to be immediately spent:

    • a formal finding of guilt or a finding that an offence has been proved, if no conviction is recorded [ss 3(5)(a), (b), 4(1a)(b)(i)]
    • a finding that the objective elements of an offence are proved but that the defendant was mentally incompetent to commit the offence or unfit to stand trial (under Part 8A of the Criminal Law Consolidation Act 1935 (SA) or an equivalent interstate law), if the defendant is released unconditionally [ss 3(5)(c), 4(1a)(b)(ii)].

    The Spent Convictions (Part 8A Findings) Amendment Act 2024 (SA) added findings under Part 8A of the Criminal Law Consolidation Act 1935 (SA) to the spent convictions scheme from 1 February 2025. This applies to findings made before and after the amendment.

    What is a spent conviction?  :  Last Revised: Fri Jan 31st 2025
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