Spent Convictions in Queensland — When Your Criminal Record Clears
Criminal Records — 2026-06-24 — by Sacha Sarah Smith, Civic Law
How spent convictions work in Queensland — the rehabilitation periods, what can become spent, what cannot, and what you can legally deny once a conviction is spent.
You have a criminal conviction on your record and you want to know when — or whether — it goes away. The answer in Queensland is governed by the <em>Criminal Law (Rehabilitation of Offenders) Act 1986</em>. Under that Act, most convictions become "spent" after a set period of time, which means they no longer appear on a standard police check and you are not required to disclose them.
But not all convictions become spent. The rehabilitation periods differ depending on the court. And there are important exceptions — professions and agencies that can still see spent convictions and require you to disclose them.
The Rehabilitation Periods
A spent conviction is one where the "rehabilitation period" has expired without the conviction being revived. The rehabilitation period depends on the court in which you were convicted and whether you were dealt with as an adult or a child:
<strong>Conviction on indictment (District Court or Supreme Court) as an adult</strong> — 10 years from the date the conviction is recorded
<strong>All other cases</strong> — including Magistrates Court convictions, and all convictions where you were dealt with as a child — 5 years from the date the conviction is recorded
If the court made an order in connection with the conviction — a restitution order, a compensation order, a fine — and that order has not been satisfied within the rehabilitation period, the period is extended until the date the order is fully satisfied. In other words, an unpaid fine keeps your conviction alive.
What Can Become Spent
A conviction can become spent if the sentence imposed was either:
No term of imprisonment at all (a fine, a good behaviour bond, probation, community service), or
A term of imprisonment of 30 months or less — including wholly suspended sentences and sentences where you were immediately released on parole
Once the rehabilitation period passes without the conviction being revived, the conviction is automatically spent. You do not need to apply for it. There is no form to fill out and no court hearing. It happens by operation of law.
What Cannot Become Spent
A conviction cannot become spent if:
The sentence involved imprisonment for more than 30 months (including wholly suspended sentences of more than 30 months)