What is a spent conviction in Queensland?

It is an eligible conviction for which the rehabilitation period has expired and which has not been revived, limiting disclosure in many ordinary circumstances.

How long is the rehabilitation period?

It is generally ten years for an adult conviction on indictment and five years in other Queensland cases, or longer if a relevant court order remains unsatisfied.

Can a prison sentence become spent?

The scheme can apply where no imprisonment was imposed or the term imposed was not more than 30 months, subject to the other statutory requirements.

Is a spent conviction erased?

No. It remains part of the person's history, and statutory exceptions may still require disclosure.

Can later offending revive a conviction?

Yes. A later conviction can restart a running rehabilitation period or revive a conviction whose period had expired, subject to the Act.

Spent Convictions in Queensland: Five and Ten Year Rules

An eligible Queensland conviction may become spent after the statutory rehabilitation period, but it is not deleted from police records. The scheme limits disclosure in many situations while preserving exceptions for specified purposes.

Eligibility and time

The scheme can apply where the court imposed no imprisonment or imposed a term of not more than 30 months. Whether any part was actually served is not the deciding factor.

For an adult conviction on indictment, the rehabilitation period is generally ten years from conviction. In other Queensland cases it is generally five years. If an order made in relation to the conviction remains unsatisfied, the period can extend until that order is satisfied.

Not the same as erasure

When the period expires and the conviction has not been revived, the Act restricts disclosure and permits the person to deny the conviction in many ordinary circumstances. Exceptions remain, and some roles, proceedings or statutory checks require fuller disclosure.

Later offending can restart or revive the rehabilitation period. The specific record and purpose of the check must therefore be examined.

A spent conviction is not an expunged conviction. Before answering an employment, licensing, immigration, court or blue-card question, obtain advice about the wording of that question and any statutory exception.

When Does a Criminal Conviction Become Spent in Queensland?

Eligibility and time

Not the same as erasure

See Also

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