District court wa spent conviction

Old convictions are classed as either serious convictions or lesser convictions. How you apply for an old conviction to be spent depends on whether it was a serious or a lesser conviction. A serious conviction is where the penalty given was imprisonment for more than one year or a fine of $10or more. You can apply to the District Court to have a serious conviction spent after a certain waiting period. This waiting period is usually years plus the length of the term of imprisonment imposed (rather than the time actually spent in prison ). Can a spent conviction be a conviction?

Can I ask the court to make a spent conviction order? Apply for a spent conviction If an application to have a conviction declared spent is successful, it limits the disclosure of that conviction. Convictions which have been spent are not listed on a National Police Certificate. These applications are made to the District Court of Western Australia.

To be eligible to obtain a spent conviction , years must have passed since you were sentence plus the period of the sentence. If you are convicted of an offence, it will form part of your criminal record. If that conviction is ‘spent’, you generally do not need to tell anyone about that conviction. WA State Laws Apply.

The conviction will not appear on your National Police Certificate. A spent conviction order is a court orderthat a criminal convictionis spent so that you may not have to acknowledge or declare that conviction. If you are asked about your criminal recor you may not have to mention a conviction if a spent conviction order was made. You can be granted a spent conviction at the time you receive your sentence. The main benefit of having a Spent Conviction Order is that you will generally not have to disclose or acknowledge the conviction for employment or some other purposes.

It is unlawful for example for employees, contractors, professional or trade organizations and licensing boards to discriminate against a person because of a spent conviction. The District Court is an intermediate trial court placing it between the Magistrates Court and the Supreme Court in the Western Australian courts hierarchy. The District Court deals with serious criminal offences including serious assaults, sexual assaults, serious fraud and commercial theft, burglary and drug offences. Court order to be sent to applicant and police Schedule — Convictions in other jurisdictions 1. A lesser conviction is a fine of $10or less, or a term of imprisonment that has not exceeded months.

The offence must also have occurred more than years ago, with no other new offences in the last years or no new ones which have incurred a fine greater than $500. The application form provides details of further restrictions. A court order (e.g.

Community Based Order) A period of years must lapse without receiving any further lesser convictions Any term of imprisonment imposed (including interstate sentences) will add to the years Serious convictions can only be spent by the District Court. Please contact them for more information. Completed forms can be. Submitting a criminal appeal from the District Court is a long and arduous process and should not be undertaken lightly.

Criminal appeals are a specialised area of law and it is important to obtain through legal advice and suitable representation. All other convictions, such as “serious convictions” applicable under Section of the Act can only be spent by applying to the District Court. After that, your crime (also known as your ‘conviction’) is ‘spent’. This means you do not need to tell anyone about it.

Before your conviction is spent, you only have to tell the employer about.