News · Criminal law explainer
How long does a criminal record last in NSW?
A common worry after a conviction is whether it will follow you forever. In New South Wales the answer is usually no. The Criminal Records Act 1991 (NSW) lets many convictions become spent after a period without further offending. This note explains how long that takes, what spent means, and which convictions never become spent.
By Aaron Kernaghan · Published 3 September 2026
In NSW a conviction can become spent under the Criminal Records Act 1991 after a crime-free period, usually 10 years for an adult conviction and 3 years for a Children's Court conviction. A spent conviction generally does not have to be disclosed and does not show on most checks. But some convictions never become spent, including prison sentences of more than 6 months, sexual offences, and convictions against companies.
What is a spent conviction?
A spent conviction is one that, after a set crime-free period, is treated as if it is no longer part of your record for most purposes. Once a conviction is spent, you are generally not required to disclose it, and it does not appear on most criminal history checks.
The scheme recognises that a person who stays out of trouble for long enough should be able to move on from an old conviction. It happens automatically; you do not have to apply.
How long is the crime-free period?
For an adult conviction, the crime-free period is 10 years from the date of the conviction. For a conviction in the Children's Court, it is 3 years. If you are convicted of another offence during that period, the clock generally resets.
At the end of the period, and provided the conviction is eligible, the conviction becomes spent automatically under the Act. There is no form to fill in.
Which convictions never become spent?
Not every conviction is eligible. Convictions that cannot become spent include a prison sentence of more than 6 months, convictions for sexual offences, convictions imposed against a body corporate, and certain offences set out in the regulations. These remain on the record.
So the scheme helps with most lower-level convictions, but the most serious matters are excluded. Whether a particular conviction is eligible depends on the offence and the sentence.
What difference does spent make?
Once a conviction is spent, you generally do not have to disclose it, it is unlawful for most people to disclose it, and it should not appear on a standard national police check. It is a real benefit for employment, travel, and everyday life.
There are exceptions where spent convictions can still be disclosed or considered, such as for certain occupations, working with children, and some licensing. So spent does not mean it is erased for every purpose.
What about a section 10 or no conviction?
Where a court dealt with a matter without recording a conviction, for example a section 10 dismissal or a conditional release order without conviction, there is no conviction to become spent, because none was recorded in the first place. That is usually a better outcome again.
This is one reason keeping a conviction off your record matters. Our note on whether a section 10 shows on a police check explains the point, and the ACT scheme works slightly differently.
Frequently asked.
How long does a criminal record last in NSW?
A conviction can become spent after a crime-free period under the Criminal Records Act 1991 (NSW), usually 10 years for an adult conviction and 3 years for a Children's Court conviction, after which it is treated as spent for most purposes.
What does a spent conviction mean?
A conviction that, after the crime-free period, generally does not have to be disclosed and does not appear on most checks. It happens automatically; you do not have to apply.
Which convictions never become spent?
A prison sentence of more than 6 months, convictions for sexual offences, convictions against a body corporate, and certain offences in the regulations cannot become spent.
Do I have to apply to have a conviction spent?
No. In NSW a conviction becomes spent automatically at the end of the crime-free period, provided it is eligible.
Does a section 10 become spent?
There is nothing to spend, because a section 10 dismissal records no conviction in the first place. That is usually a better outcome than a conviction that later becomes spent.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
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