This guide explains how criminal records work in NSW, the spent convictions scheme, eligibility rules, and the process of applying to have a record cleared.
Unlike in some countries, Australian Criminal Law does not have a system of “expungement” in the sense of completely erasing records. Instead, NSW operates under the Spent Convictions Scheme, which allows certain convictions to become “spent” after a waiting period, meaning they no longer appear on a standard police check.
However, these convictions still exist in police databases and can be accessed in limited circumstances, such as for court proceedings or specific employment checks.
The NSW Spent Convictions Scheme
Under the Criminal Records Act 1991 (NSW), certain convictions become “spent” if:
10 years have passed since the conviction (for adults).
3 years have passed since the conviction (for children).
You have not reoffended during that time.
Once a conviction is spent:
It is not disclosed in most criminal record checks.
You are not legally required to disclose it to employers (except in limited circumstances).
Discrimination based on a spent conviction is generally unlawful.
Which Convictions Cannot Be Spent?
Not all convictions can be cleared. The following are excluded from the scheme:
Convictions where a prison sentence of more than 6 months was imposed.
Convictions for sexual offences.
Convictions against corporations.
This means that more serious offences remain permanently on your record.
Expungement of Historical Homosexual Offences
There is one area where true expungement applies. In NSW, people with historical homosexual offences (that are no longer crimes) can apply to have their records formally expunged. Once expunged, these convictions are treated as if they never occurred.
This process is separate from the spent convictions scheme and is available through the NSW Department of Communities and Justice.
How to Apply for a Criminal Record to Be Cleared
For most people, no formal application is required. If your conviction meets the criteria, it will automatically become spent after the relevant waiting period.
However, if you want certainty, you can:
Obtain a National Police Check – This will show whether your record is clear.
Apply for confirmation through the NSW Police Criminal Records Section.
Seek legal advice if you are unsure whether your conviction is eligible.
For expungement of historical homosexual offences, a formal application must be submitted to the Department of Communities and Justice.
Benefits of Having a Spent Conviction
Having your conviction spent can make a significant difference in daily life. Some key benefits include:
Employment opportunities - Many jobs require background checks, and a spent conviction will not appear.
Travel and visas - Certain countries may deny entry if you have a conviction on record.
Peace of mind - You are not legally required to disclose a spent conviction in most situations.
When Spent Convictions Still Appear
It’s important to note that even if your conviction is spent, it may still be disclosed in certain circumstances, including:
Applications to become a police officer, prison officer, or teacher.
Working with children, vulnerable persons, or in high-security environments.
Court proceedings, if relevant to the case.
This ensures community safety and transparency in sensitive roles.
Why Legal Advice Matters
The rules around clearing a criminal record can be complex. Many people mistakenly believe their conviction is permanently removed, when in fact it may still appear in certain checks. Others may assume they cannot have their conviction spent, when they may actually be eligible.
An experienced Criminal Law solicitor can:
Assess whether your conviction is eligible to be spent.
Assist with applications to confirm your record status.
Provide advice on disclosure obligations.
Help you protect your rights when applying for jobs or visas.
While NSW does not offer full criminal record expungement (except in limited cases), the spent convictions scheme provides an important opportunity for people to move forward without being burdened by minor past offences. Understanding the rules and seeking the right advice can make a real difference to your future opportunities.
If you are unsure about your criminal record and whether it can be cleared, our team of Criminal Law experts can help. We provide confidential and practical advice tailored to your situation.
