What convictions are eligible to be spent?
The WA Police Force can only spend a lesser conviction heard in a WA Court. A lesser conviction is one for which a fine of $15,000 or less or a term of imprisonment of 12 months or less was imposed (this includes suspended imprisonment sentences).
The Spent Convictions Act 1988 states that a Western Australian conviction is not eligible to be spent until the prescribed period has expired.
In most cases, the prescribed period is defined as 10 years, plus any term of imprisonment imposed regardless of the period actually served.
The prescribed period commences to run from the date of the most recent conviction in this or any other state or territory that resulted in a fine of over $500 or any type of penalty such as a court order or imprisonment.
A Serious Conviction is one for which the fine exceeds $15,000 or the term of imprisonment exceeds 12 months. Serious convictions can only be spent by a District Court judge. For more information please contact the District Court on (08) 9425 2222 or seek independent legal advice.