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
Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
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 Orders (WA)
When a person is found guilty of a criminal offence and the conviction imposed is declared spent, the requirement for the person to disclose that conviction is limited. Spent convictions are not listed on a National Police Clearance. At the time a person is sentenced for an offence, they may ask the Magistrate or Judge to make a Spent Conviction Order (SCO) pursuant to section 45 of the Spent Convictions Act 1988. This article deals with Spent Conviction Orders in WA.
When will the court make a Spent Conviction Order?
At the time of sentencing, the court may make a SCO if the court is satisfied that the defendant:
- Is unlikely to commit such an offence again;
- Should be relieved of the negative effects of that conviction because:
- the offence was trivial; or
- they are a person of prior good character.
The court cannot make an SCO if it has imposed any of the following penalties:
- intensive supervision order;
- suspended term of imprisonment;
- conditional suspended term of imprisonment; and
- term of imprisonment.
If a person is not granted an SCO order at the time of sentencing, depending upon the type of penalty imposed, they may be able to make an application seeking that the conviction be spent at a later point in time.
Types of Spent Conviction Orders
There are two types of convictions as set out under the Act:
- Lesser Conviction; and
- Serious Conviction.
A lesser conviction is a conviction in respect of which the sentence imposed is:
- Imprisonment for less than one year;
- A fine of $15,000 or less.
A lesser conviction becomes spent when, on an application being made in the prescribed form to the Commissioner of Police, the Commissioner issues to the applicant a certificate that the conviction is spent. An application to spend a lesser conviction may not made until the prescribed waiting period of 10 years has expired.
When a person applies for a National Police Clearance to the West Australian Police Force, the application contains an application to spend eligible convictions.
A serious conviction is a conviction in respect of which the sentence imposed is:
- Imprisonment for more than one year or for an indefinite period of time;
- A fine of $15,000 or more.
Much like a lesser conviction, an application may not be made until the prescribed waiting period of 10 years has expired. If the person received a term of imprisonment, the prescribed waiting period is 10 years, plus the period of any term of imprisonment relevant to that conviction.
A serious conviction may only be declared spent by applying to the District Court after the relevant waiting period has expired.
Generally, once a conviction is spent, the requirement to disclose that conviction is limited, however, in some cases, you are still required to disclose the conviction. These exceptions are set out in Schedule 3 in the Act. Should you be unsure whether you are required to disclose your spent conviction, you should seek legal advice and contact Armstrong Legal.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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