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My legal matter concerning an application for a Domestic Violence Order was managed by Mr Thomas Allen. I am grateful for the outcome he obtained. Without Mr Allen and his ongoing support, I would be certain of a different result. It has been an extremely stressful period. Mr Allen’s astute ability to liaise on my behalf and his expertise was invaluable and for which I am grateful as I am now able to move forward. Thanking you

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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.

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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.

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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.

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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!!!!

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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

- Client

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.

- Client

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.

- Client

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.

- Client

"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."

This article was written by Courtney Ashton - Solicitor - Perth

Courtney holds a Bachelor of Laws and a Bachelor of Criminology and Justice from Edith Cowan University and a Graduate Diploma of Legal Practice from the College of Law. Courtney is a dedicated practitioner who enjoys a challenge and has competently completed many traffic and summary jurisdiction matters. Courtney enjoys advocacy and has appeared in a number of drink driving,...

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; and
Should be relieved of the negative effects of that conviction because:
1. the offence was trivial; or
2. 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.

Lesser 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.

Serious Conviction

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.

Exceptions

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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