How long until a conviction becomes spent in Australia?

Spent conviction waiting periods vary by state: NSW - 10 years (adults) or 3 years (children's court); Victoria - 5-10 years depending on age at sentencing; Queensland - 5-10 years depending on court type; South Australia - 10 years (adults) or 5 years (juveniles); Western Australia - 10 years plus imprisonment term for lesser convictions; Tasmania - 10 years (adults) or 5 years (under 18); Northern Territory - 10 years (adults) or 5 years (juveniles); ACT - 10 years (adults) or 5 years (juveniles); Commonwealth - 10 years (adults) or 5 years (juveniles).

Do spent convictions show up on police checks?

Spent convictions generally do not appear on police checks for standard employment. However, they WILL be disclosed if you're applying for roles involving children, vulnerable people, law enforcement, security, or regulated professions like teaching, healthcare, aged care, NDIS work, police, lawyers, or financial services. These exemptions exist for public safety reasons.

What convictions can never become spent in Australia?

Convictions that cannot become spent vary by state: NSW - prison over 6 months, sexual offences, corporate offences; Victoria - prison over 30 months, serious violence/sexual offences with any prison (if 21+ at sentencing); Queensland - prison over 30 months, corporate offences; South Australia - adults prison over 12 months, juveniles prison over 24 months; Western Australia - imprisonment over 12 months or fine over $15,000 (requires court application); Tasmania - prison/detention 6+ months, sexual offences; Northern Territory - prison over 6 months; ACT - prison over 6 months; Commonwealth - prison over 30 months.

Will a speeding fine show up on my police check?

Standard traffic infringements paid on time do not appear on police checks. Only court-convicted traffic offences appear, such as drink driving, drug driving, dangerous driving causing injury, or driving while disqualified. A speeding fine paid within 28 days will not show up.

Do dismissed or withdrawn charges appear on police checks?

No, charges that were dismissed or withdrawn do not appear on police checks. However, pending charges may appear until the court finalizes them, which can take weeks to update in police databases. If dismissed charges still appear, contact your police check provider with court documentation to update your record.

Will my Section 10 dismissal show up on my police check?

No, Section 10 dismissals (no conviction recorded) in NSW are immediately spent and won't appear on police checks for general employment. However, they may still appear for roles requiring disclosure of all court outcomes, such as becoming a lawyer, police officer, or other regulated professions.

Do interstate convictions show up on police checks?

Yes, your police check shows convictions from ALL Australian states and territories. A Nationally Coordinated Criminal History Check searches databases nationwide. For example, a conviction in Brisbane will appear on your police check when applying for work in Melbourne. The spent convictions rules of the convicting state apply, not where you currently live.

How long does criminal history stay on my record in Australia?

There is no time limit on disclosable convictions unless they become spent under state legislation. A conviction from 1995 will still appear in 2026 if it doesn't meet spent convictions criteria or you're applying for an exempted role. Spent convictions legislation is the only way older, minor convictions are removed from your record.

What's the difference between NSW and Victoria spent convictions?

NSW uses a 10-year waiting period for adults and 3 years for children's court orders, with convictions involving prison over 6 months unable to be spent. Victoria uses an age-based system: convictions are spent after 5 years if sentenced aged 15-20, or 10 years if sentenced aged 21+, with prison over 30 months unable to be spent. Victoria's scheme only commenced December 2021.

Why does Western Australia handle spent convictions differently?

Western Australia is the only state where serious convictions do NOT become spent automatically. Lesser convictions (imprisonment 12 months or less, or fines under $15,000) are spent after 10 years plus any imprisonment term. Serious convictions require a District Court application for a spent conviction order, which is granted at the court's discretion.

What Shows Up on a Police Check in Australia? Complete State-by-State Guide

Q: What shows up on a police check in Australia?

Your police check shows Disclosable Court Outcomes (DCOs) including: recorded convictions, findings of guilt without conviction, good behaviour bonds with conviction, community correction orders, suspended sentences, fines where conviction was recorded, and pending charges (in most states). Spent convictions generally do not appear unless you're applying for roles involving children or vulnerable people.

Q: Do pending charges appear on police checks?

Yes, pending charges appear on police checks in most Australian states and territories (NSW, QLD, SA, WA, TAS, NT, ACT). The exception is Victoria, where pending charges do NOT appear on standard employment checks since December 2021. Pending charges are not convictions, and employers cannot automatically reject candidates based on unproven allegations.

If you’re applying for a job, volunteer position, or professional license in Australia, you’ll likely need a Nationally Coordinated Criminal History Check (formerly called a National Police Check). But what exactly appears on your certificate?

This comprehensive guide breaks down:

What disclosable court outcomes appear on your check
What doesn’t show up
Exact spent convictions waiting periods for every state and territory
When spent convictions are still disclosed
Common scenarios explained

What Appears on Your Police Check Certificate

Your police check certificate shows Naisisiwalat na Mga Resulta ng Hukuman (DCOs) from all Australian states and territories. These include:

✅ Recorded convictions where the court found you guilty and recorded a conviction
✅ Mga natuklasan ng pagkakasala nang walang paniniwala (Section 10 dismissals, good behaviour bonds)
✅ Good behaviour bonds with conviction recorded
✅ Community correction orders with conviction
✅ Suspended sentences with conviction
✅ Fines where a conviction was recorded
✅ Nakabinbing singil (in most states – see state variations below)

What DOESN’T Appear on Your Police Check

❌ Charges that were withdrawn or dismissed
❌ Acquittals (found not guilty)
❌ Mga nagastos na paniniwala (in most circumstances – see below)
❌ Police cautions or warnings (in most states)
❌ Traffic infringements paid on time (parking fines, speeding tickets)
❌ Juvenile diversions that didn’t result in court
❌ Intelligence information or suspicions

Spent Convictions: State-by-State Breakdown

Mga nagastos na paniniwala are older, minor offences that no longer appear on your police check after a crime-free waiting period. However, the rules differ significantly between states.

NEW SOUTH WALES

Legislation: Criminal Records Act 1991 (NSW)

Offender Type	Waiting Period
Adult conviction	10 consecutive years
Children’s Court order	3 consecutive years

Cannot become spent:

Prison sentence over 6 months (excludes home detention)
Mga sekswal na pagkakasala
Corporate offences

Immediately spent:

Section 10 dismissals (no conviction recorded)
Children’s Court cautions

Example: John received a conviction for drink driving in 2014 (aged 25). He received a $500 fine with conviction recorded. No further offences. As of 2024, this conviction is spent and won’t appear on his police check for general employment.

VICTORIA

Legislation: Spent Convictions Act 2021 (VIC) – commenced 1 December 2021

Age at Sentencing	Waiting Period
Under 15 years	Immediately spent
15-20 years	5 taon
21+ years	10 taon

Cannot become spent:

Prison sentence over 30 months (2.5 years)
Serious violence/sexual offences with any prison term (if aged 21+ at sentencing)

Example: Sarah was convicted of shoplifting aged 19 (2019), sentenced to community work. No conviction recorded = immediately spent. If a conviction was recorded, it becomes spent in 2024 (5 years, as she was under 21 at sentencing).

QUEENSLAND

Legislation: Criminal Law (Rehabilitation of Offenders) Act 1986 (QLD)

Court Type	Waiting Period
Supreme/District Court (adult)	10 taon
All other cases (including juveniles)	5 taon

Cannot become spent:

Prison sentence over 30 months (including wholly suspended sentences)
Corporate offences

Example: Maria was convicted in Magistrates Court aged 22 for minor fraud (2019), received 12-month good behaviour bond. Five years later (2024), this conviction is spent.

SOUTH AUSTRALIA

Legislation: Spent Convictions Act 2009 (SA)

Offender Type	Waiting Period
Adults	10 consecutive years
Juveniles (unless dealt with as adult)	5 consecutive years

Cannot become spent:

Adults: Prison over 12 months
Juveniles: Prison over 24 months

Special rules:

Sex offences require magistrate’s order to be spent
No conviction recorded = immediately spent

WESTERN AUSTRALIA

Legislation: Spent Convictions Act 1988 (WA)

Conviction Type	Process
Lesser convictions	Automatic after 10 years PLUS any imprisonment term served
Serious convictions	Require District Court application

“Lesser conviction” defined:

Imprisonment 12 months or less, OR
Fine under $15,000

Mahalaga: WA is the ONLY state requiring court application for serious convictions.

Example: David received 18 months imprisonment (2012). This is a “serious conviction” – he must apply to District Court for it to be spent. It will NOT be spent automatically.

TASMANIA

Legislation: Annulled Convictions Act 2003 (TAS)

Offender Type	Good Behaviour Period
Adults	10 taon
Under 18	5 taon

Cannot be annulled:

Prison/detention 6+ months
Mga sekswal na pagkakasala
Prescribed offences

NORTHERN TERRITORY

Legislation: Criminal Records (Spent Convictions) Act 1992 (NT)

Court Type	Waiting Period
Adults	10 years from conviction (or 10 years after imprisonment ends)
Youth Justice Court	5 years from conviction (or 5 years after imprisonment)
Children in adult court	5 years (requires Police Commissioner application)

Cannot become spent:

Prison sentence over 6 months

AUSTRALIAN CAPITAL TERRITORY

Legislation: Spent Convictions Act 2000 (ACT)

Offender Type	Waiting Period
Adults	10 taon
Juveniles	5 taon

Cannot become spent:

Prison sentence over 6 months

COMMONWEALTH OFFENCES

Legislation: Crimes Act 1914 (Cth) Part VIIC

Offender Type	Waiting Period
Adults	10 years from conviction
Juveniles	5 years from conviction

Cannot become spent:

Prison sentence over 30 months

Applies to: Drug importation, fraud against Commonwealth, immigration offences

When Spent Convictions ARE Still Disclosed

Even if your conviction is technically “spent,” it WILL appear on your police check if you’re applying for roles involving:

🚨 Working with children:

Mga guro
Childcare workers
School support staff
Youth workers

🚨 Working with vulnerable people:

Aged care workers
NDIS support workers
Disability support
Healthcare positions

🚨 Law enforcement and security:

Police officers
Prison officers
Security guards (some roles)
Court staff

🚨 Regulated professions:

Lawyers
Doctors and nurses
Financial advisors
Real estate agents

Why? These exemptions exist for public safety. A spent conviction for theft may still be disclosed if you’re applying to work in aged care, where vulnerable people are at risk.

Pending Charges on Police Checks

Do Pending Charges Appear?

OO – Pending charges appear in most states
EXCEPTION: Victoria – pending charges do NOT appear on standard employment checks (changed December 2021)

State/Territory	Pending Charges Shown?
NSW	Yes
VIC	No (for employment)
QLD	Yes
SA	Yes
WA	Yes
TAS	Yes
NT	Yes
ACT	Yes

Mahalaga: Pending charges are NOT convictions. Employers must assess them carefully and cannot automatically reject candidates based on unproven allegations.

Common Scenarios Explained

“I got a speeding fine 5 years ago. Will it show up?”

Answer: Only if you were convicted in court. Standard traffic infringements paid on-time don’t appear.

Shows up: Court-convicted drink driving, dangerous driving causing injury
Doesn’t show up: $200 speeding fine paid within 28 days

“I was convicted 12 years ago as an adult. Is it spent?”

Depends on your state and the offence severity:

NSW: Yes, if prison was 6 months or less
VIC: Yes, if prison was 30 months or less (and you were 21+ at sentencing)
QLD: Yes, if prison was 30 months or less
WA: Only if it was a “lesser conviction” (12 months prison or less)

“I got a Section 10 in NSW. Will it show?”

Answer: No. Section 10 dismissals (no conviction recorded) are immediately spent in NSW and won’t appear on your check for general employment.

Exception: May still appear for roles requiring disclosure of all court outcomes (e.g., becoming a lawyer, police officer).

“My charges were dropped. Why do they still appear?”

Answer: In most states, pending charges appear until the court finalises them. This can take weeks to update in police databases.

What to do: Contact WorkerChecks with court documentation showing dismissal/withdrawal. We can liaise with ACIC to update your record.

How Long Does Your Police Check Show History?

There is NO time limit on disclosable convictions unless they become spent under the legislation above.

A conviction from 1995 will still appear in 2026 if:

It doesn’t meet the spent convictions criteria, OR
You’re applying for an exempted role (working with children, etc.)

This is why spent convictions legislation matters – it’s the ONLY way older, minor convictions are removed.

What About Interstate Convictions?

YES – your police check shows convictions from ALL Australian states and territories.

Example: Convicted in Brisbane (2018), now living in Melbourne and applying for a job → Your QLD conviction will appear on your VIC police check.

The spent convictions rules of the convicting state apply, not where you currently live.

Can I Dispute My Police Check Results?

Yes. If you believe:

Spent convictions are incorrectly shown
Court outcomes are wrong
Information belongs to someone else

Contact WorkerChecks immediately. We liaise with the Australian Criminal Intelligence Commission (ACIC) on your behalf to resolve errors.

Common fixes:

Updating finalised court outcomes
Correcting name/DOB errors
Applying state spent convictions legislation

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Key Takeaways

What shows up:

Recorded convictions (unless spent)
Findings of guilt (even without conviction)
Pending charges (most states)

What doesn’t show up:

Dismissed/withdrawn charges
Spent convictions (in most cases)
Paid traffic fines

Spent convictions waiting periods:

Generally 10 years (adults), 3-5 years (juveniles)
Major differences between states (especially VIC, WA)
Exemptions for working with vulnerable people

Your conviction from 2015 might be spent – or it might not. It depends on your state, your age at conviction, the sentence imposed, and the role you’re applying for.

Need help understanding your police check results? Contact WorkerChecks’ Australian support team – we’ll explain exactly what appears and why.

Sources:

Criminal Records Act 1991 (NSW)
Spent Convictions Act 2021 (VIC)
Criminal Law (Rehabilitation of Offenders) Act 1986 (QLD)
Spent Convictions Act 2009 (SA)
Spent Convictions Act 1988 (WA)
Annulled Convictions Act 2003 (TAS)
Criminal Records (Spent Convictions) Act 1992 (NT)
Spent Convictions Act 2000 (ACT)
Crimes Act 1914 (Cth) Part VIIC