Does a Conviction Stay on Your Record Forever in Victoria?
A common question for individuals facing or having received a criminal conviction is whether it will remain on their record indefinitely.
A conviction can have ongoing consequences, affecting employment, travel, housing, and other aspects of daily life. Understanding how long a conviction stays on your record in Victoria—and whether it can be removed—is essential.
At Stary Norton Halphen & Galbally, our criminal lawyers in Melbourne regularly advise clients on criminal records and the spent convictions scheme.
What is a criminal conviction?
A conviction is a formal finding of guilt for a criminal offence, usually following a plea or a court hearing.
In Victoria, a conviction forms part of your criminal record, which is a record of your interactions with the criminal justice system.
How can a conviction affect you?
Having a conviction recorded can impact multiple areas of your life, including:
Employment
Many employers conduct background checks. A conviction—particularly a recent one—may affect job opportunities, especially in regulated industries or roles involving vulnerable people.
Housing
Landlords and housing providers may consider criminal history when assessing rental applications.
Education and professional pathways
Some courses and professions require disclosure of criminal history, which may affect eligibility.
Travel
A criminal conviction can affect your ability to obtain visas or enter certain countries.
Financial opportunities
In some cases, convictions may impact access to loans, finance, or business opportunities.
Do convictions stay on your record forever?
Not always. In Victoria, the spent convictions scheme, which commenced on 1 December 2021, allows certain convictions to be removed from your criminal record after a period of time or in specific circumstances.
Once a conviction becomes “spent”:
It will not appear on most police record checks
You generally do not need to disclose it
Others are generally not permitted to ask about it
Types of spent convictions in Victoria
There are three main ways a conviction can become spent:
Immediately spent convictions
Some convictions are spent immediately, including:
Offences committed when a person was under 15 years old
Findings of guilt without conviction
Infringement offences
Certain findings under mental impairment legislation
Convictions spent after a crime-free period
Some convictions become automatically spent if a person does not reoffend within a set period.
If you were aged 15–20 at sentencing: 5-year crime-free period
If you were 21 or older at sentencing: 10-year crime-free period
If further offending occurs (other than limited minor offences), the period may restart.
Convictions spent by court application
In some cases, a person may apply to the court to have a conviction spent.
However, not all convictions are eligible.
Convictions that cannot be spent include:
Serious violence or sexual offences where imprisonment was imposed
Convictions where the sentence was 5 years’ imprisonment or more (for adults)
Eligibility will depend on the nature of the offence and the sentence imposed.
What this means for you
If you have a criminal conviction, it may not remain on your record forever—but this depends on the type of offence, your age at sentencing, and whether you reoffend.
You should:
Understand whether your conviction is eligible to be spent
Be aware of relevant waiting periods
Seek advice before disclosing your criminal history
Consider applying to the court where appropriate
Taking the right steps early can help minimise the long-term impact of a conviction.
Why legal advice is important
The spent convictions scheme can be complex, particularly when determining eligibility and timing.
A criminal lawyer can assist with:
Advising whether a conviction can become spent
Explaining applicable waiting periods
Preparing and making court applications
Advising on disclosure obligations
Criminal lawyers in Melbourne
If you are concerned about how a conviction may affect your future, obtaining legal advice is essential.
At Stary Norton Halphen & Galbally, our criminal lawyers in Melbourne provide clear, practical advice on criminal records, spent convictions, and applications to the court.
Key takeaway
In Victoria, a conviction does not always stay on your record forever. The spent convictions scheme allows many individuals to move forward after a period of time, but eligibility depends on the nature of the offence and the circumstances of the case.
For any information or assistance, please contact our legal team.
You can reach us at 03 8622 8200 or through our online form.