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Spent convictions in the ACT.
The ACT has its own spent convictions scheme, similar to the New South Wales one but with its own periods and rules. It is set out in the Spent Convictions Act 2000 (ACT). This note explains how long a conviction takes to become spent in the ACT, how the period is counted, and which convictions are excluded.
By Aaron Kernaghan · Published 3 September 2026
In the ACT a conviction can become spent under the Spent Convictions Act 2000 after a crime-free period of 10 years for an adult conviction and 5 years for a juvenile conviction. The period runs from the completion of any sentence of imprisonment, or from the conviction where no prison term is imposed. Once spent, a conviction generally does not have to be disclosed, though some exclusions apply.
What is a spent conviction in the ACT?
A spent conviction is one that, after a crime-free period, is treated as spent for most purposes. Once spent, a conviction generally does not have to be disclosed, and it is protected from disclosure by others. The scheme lets people move on from old convictions.
As in New South Wales, the effect happens automatically at the end of the period; there is no application to make.
How long is the crime-free period?
In the ACT the crime-free period is 10 years for a conviction recorded as an adult, and 5 years for a conviction recorded as a juvenile. Note that the ACT juvenile period differs from the New South Wales Children's Court period, which is 3 years.
If the person is convicted of another offence during the period, the position can change. The scheme rewards a genuine period without further offending.
When does the period start?
The period begins from the date the person completes any sentence of imprisonment for the offence. Where no sentence of imprisonment is imposed, it runs from the date of the conviction. So a term of imprisonment pushes back the start of the crime-free period.
This is a point of detail that matters. For a conviction that carried a prison term, the ten years does not start until that term is served.
Which convictions are excluded?
Not all convictions can become spent. As with other schemes, some serious convictions are excluded, and certain sexual offences and other matters may be treated differently. The details are in the Act and its regulations.
So the ACT scheme, like the NSW one, helps with most lower-level convictions but not the most serious. Whether a particular conviction is eligible depends on the offence and the sentence.
How the ACT compares to NSW
The ACT and NSW schemes are similar in shape: an automatic spent status after a crime-free period, with exclusions for serious matters. The main differences are the juvenile period, 5 years in the ACT compared with 3 years in NSW, and the point from which the period runs where imprisonment was imposed.
For a person with convictions in both places, each is governed by its own scheme. Our note on spent convictions in NSW covers the New South Wales position.
Frequently asked.
How long does a criminal record last in the ACT?
A conviction can become spent under the Spent Convictions Act 2000 (ACT) after a crime-free period of 10 years for an adult conviction and 5 years for a juvenile conviction.
When does the crime-free period start in the ACT?
From the completion of any sentence of imprisonment for the offence, or from the date of conviction where no prison term is imposed. A prison term pushes back the start of the period.
Do I have to apply to have a conviction spent in the ACT?
No. As in NSW, an eligible conviction becomes spent automatically at the end of the crime-free period.
Which convictions cannot become spent in the ACT?
Some serious convictions are excluded, and certain sexual offences and other matters may be treated differently. The details are in the Spent Convictions Act 2000 (ACT) and its regulations.
How does the ACT differ from NSW?
The schemes are similar, but the ACT juvenile period is 5 years compared with 3 years in NSW, and the ACT period runs from completion of any imprisonment. Each place governs its own convictions.
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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