Question 1

Do I need to apply for my conviction to become spent?

Accepted Answer

No. Spent status is automatic under the Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld) once the rehabilitation period runs without further conviction. There is no application. Confirming your status and understanding what it means in your specific context is where legal advice adds value.

Question 2

How do I know if my conviction is spent?

Accepted Answer

The rehabilitation period runs from the date of conviction — 5 years for Magistrates Court matters, 10 years for District or Supreme Court matters as an adult — provided no further convictions occurred in the interim. Sacha will review your history and confirm status.

Question 3

Can I deny a spent conviction under oath?

Accepted Answer

Under s 8 of the Act, yes — once a conviction is spent, you may lawfully claim under oath that you have not suffered it. That right does not apply where s 4 preserves a legal or professional disclosure obligation. If you are applying for or hold a position listed in the s 9A table, the denial right does not apply in that context.

Question 4

Will a spent conviction show up on a Blue Card check?

Accepted Answer

Yes. The Blue Card system assesses full national criminal history including spent convictions, pending charges, and non-conviction outcomes. Spent status does not prevent a conviction from being considered in a Working With Children Check.

Question 5

Can I deny a spent conviction in a job application?

Accepted Answer

Generally yes — in most employment and licensing contexts you may lawfully deny it. The exceptions are roles requiring full disclosure under s 9A. Sacha will advise on which category your situation falls into before you make any disclosure decision.

Question 6

What is the difference between spent and expunged?

Accepted Answer

Spent means the conviction remains on file but is generally not disclosed and need not be mentioned in most contexts. Expunged means the conviction is treated as though it never occurred — removed from records entirely and not disclosable in any context. Expungement under Queensland law is currently limited to historical same-sex offences under the 2017 Act.

Question 7

My sentence was more than 30 months — can anything be done?

Accepted Answer

A sentence of more than 30 months cannot become spent under the current Act. The conviction remains on your criminal history indefinitely. Legal advice can clarify the practical implications and any professional or licensing steps available in your specific situation.

Record Expungement and Spent Convictions — Fixed Fee

What Is Included

Exceptions, Blue Card Checks, and Expungement

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