ACT Criminal Law
National Criminal Law
NSW Criminal Law
QLD Criminal Law
VIC Criminal Law
WA Criminal Law
I would like to take this opportunity to thank Armstrong Legal and specifically Mr Thomas Allen for representing me in my recent case. At the outset, I would like to thank Mr Allen for the very professional delivery of his legal service. From the first time that I met Mr Allen, I was very impressed with his demeanour and delivery as he made me feel at ease knowing the severity of my case. Mr Allen not only gave me the possible positive outcomes of the case but also the realisation of the worst-case scenario as far as sentencing goes. … I will certainly be recommending Armstrong Legal to any of my friends or family needing representation in criminal matters. Thank you so very much.
Thank you for your representation and help. Fingers crossed for the next step and parole. I just want to say that from the first phone call to your office, your service has been outstanding and have put my mind at ease. I am glad I picked your number to ring.
Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.
Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.
I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Spent Conviction (Qld)
A spent conviction is a conviction which has lapsed after a specified period of time, which means it is no longer on the person’s criminal record. A spent conviction does not appear on a police check, and in most cases, a person does not have to reveal the conviction if asked. The person is also able to claim under oath that they do not have the conviction. Spent convictions are governed by the Criminal Law (Rehabilitation of Offenders) Act 1986.
Convictions that can become spent
A conviction that is set aside or quashed does not form not part of a person’s criminal history.
A conviction becomes spent after a specified “rehabilitation period”. If the person was convicted in the Supreme Court or the District Court, and was an adult, the rehabilitation period is 10 years from the date the conviction was recorded. In all other cases, including when the person was convicted as a juvenile, the rehabilitation period is 5 years.
A person can deny under oath or affirmation that they have a conviction if the sentence related to conviction was non-custodial or if the term of imprisonment was 30 months or less.
A person cannot be forced to disclose, for any purpose, a conviction that is not part of their criminal history, or someone’s else’s criminal history, or any charge made against themselves or anyone else. There are some exceptions.
Section 6 of the Act states a person’s spent conviction cannot be disclosed by that person or anyone else unless:
- the person chooses to disclose it;
- it is disclosed under the authority of a permit;
- disclosure is required by law, such as when the person applies for employment in a specified profession or to hold a specific office.
Under section 9, a person or authority who is assessing someone’s fitness to be admitted to a profession or job must not take into account a spent conviction unless:
- the person being assessed must disclose it by law;
- the person or authority making the assessment must take it into account;
- the person being assessed is not relieved from the responsibility to disclose it.
A person can apply for a permit that allows them to ask another person to disclose any spent conviction. The permit will be granted if the applicant is deemed to have a “legitimate and sufficient purpose” for asking for the disclosure.
Under the Act, a person who discloses information about a spent conviction, without the consent of the convicted person or without legal authority, commits an offence and is liable to a maximum penalty of 100 penalty units ($13,345).
Section 9A list the positions, offices and statuses that require a person to disclose their criminal history and any spent convictions. The list includes:
- police officers;
- justices of the peace;
- security guards;
- brothel licensees;
- election candidates.
Revival of convictions
If a person is convicted of an offence during the rehabilitation period for another offence, the period automatically restarts and any part of the period that had elapsed is disregarded. If a person is convicted of an offence after the rehabilitation period for another offence, that rehabilitation period is revived. These laws do not apply to a simple offence, only a serious offence.
Commonwealth spent convictions
Convictions for some offences committed under Commonwealth laws can also become spent. Under the Crimes Act 1914, a person’s conviction is spent if:
- the person has been granted a pardon for a reason other than a wrongful conviction;
- the sentence related to conviction was non-custodial or if the term of imprisonment was 30 months or less.
If a person has a spent conviction for a Commonwealth offence, they are not required to disclose this fact to anyone, for any reason, in any Australian state or territory, or in a foreign country. The same applies to a spent conviction for a foreign offence (an offence against a foreign law).
The Act also allows, in some circumstances, the convicted person to deny under oath or affirmation that they have been convicted of an offence. It also bans anyone who knows of another person’s spent conviction to disclose that conviction to any person or State or Commonwealth authority, without the convicted person’s consent.
For a Commonwealth offence, the rehabilitation period is called the “waiting period”. If the person is convicted as a minor, the waiting period is 5 years from the day of conviction. In any other case, the waiting period is 10 years. If a person commits another offence during the waiting period, a court can restart the waiting period from the date of conviction for the later offence.
For advice or representation in any legal matter, please contact Armstrong Legal.
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