The Commonwealth has had a spent convictions scheme since 1990. Under the Crimes Act 1914 (Cth), criminal offences under Victorian law which have a “federal aspect” become spent automatically after 10 years for an adult and 5 years for a minor. However, this rule only applies to convictions where you were not sentenced to imprisonment for more than 30 months. The effect of the conviction being spent is you have a right not to disclose it to an Australian Commonwealth authority or a State authority, including such an authority in a foreign country. Exceptions to this general rule include if you work with or are seeking to work with children, and a body is required or permitted to collect that information under a law. Furthermore, if you are convicted of a further offence during the “waiting period” mentioned above, the “waiting period” may restart from the time you were convicted of the further offence.
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