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    What types of convictions can be spent?

    Apart from those convictions that are immediately spent, under section 5(1) there are four types of convictions that can become spent:

    • A conviction for an eligible adult offence;
    • A conviction for an eligible juvenile offence;
    • A conviction for a designated sex-related offence;
    • A conviction for a prescribed public decency offence

    An eligible adult offence is an offence committed by an adult for which no sentence of imprisonment is imposed or a sentence of less than 12 months imprisonment is imposed.

    An eligible juvenile offence is an offence committed as a child for which no sentence of imprisonment is imposed or a sentence of less than 24 months imprisonment is imposed.

    A designated sex-related offence is:

    • a sex offence that is constituted by consenting adults (or by an adult procuring another adult) to engage in consensual sexual intercourse or activity; or
    • an offence that is constituted by consenting people of the same sex where it would have not been an offence had they not been the same sex, and at least one of them is 16 or 17 years of age (and none of them is younger) and the person involved was not in a position of authority in relation to the other person engaged in the activity; or
    • an offence against sections 69, 70 or 71 of the Criminal Law Consolidation Act 1935 (SA) other than the now repealed subsections 69(1)(b)(ii) or (ii) or 70(1)(b) or (c), or any other provision (prescribed by regulation) that involves consensual sexual activity between persons of the same sex. This includes an offence against section 23(2) (gross indecency) of the Summary Offences Act 1953 (SA) as prescribed [Spent Convictions Regulations 2011 (SA) reg 4AA]; or
    • an offence against the common law substantially corresponding to an offence referred to above; or
    • an offence of attempting, or of conspiracy or incitement, to commit an offence mentioned above (including a common law offence)

    A prescribed public decency offence is an offence against public decency or morality by which homosexual behaviour could be punished (but does not include a sex offence). This includes offences which have now been decriminalised; for example, where the convicted person would not have historically been charged for the offence, but for the fact the conduct was suspected of being, or being connected to homosexual activity.

    What types of convictions can be spent?  :  Last Revised: Mon Apr 19th 2021
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