Do you have a record and you’re looking for work?

If you’re looking for work and wondering about your rights around police checks, you’re in the right place. You’ve got more rights than you might think. This page breaks it all down for you.

The Spent Convictions Scheme: What Mob need to know
How to apply for a Spent Conviction
Police checks: Who can still see your record and why
Community’s got your back

The Spent Convictions Scheme:
What Mob need to know

In Victoria, some criminal convictions can become “spent.” That means they’re removed from most police checks. You don’t have to tell employers about them, and employers can’t discriminate against you because of them.

There are three ways a conviction can become spent:

1. Straight away
Minor offences like traffic infringements and most convictions for offences committed under the age of 15 are spent as soon as they’re finalised. They don’t appear on a standard police check at all.

2. After time passes, automatically
Many other convictions become spent after a crime-free period.

For Juveniles/Young Offenders: usually 5 years without reoffending
For Adults: usually 10 years without reoffending

If you don’t reoffend during that time, the conviction usually becomes spent. You don’t have to apply for anything. It just happens. If you do reoffend and it becomes a conviction in that time the 10 year wait can reset.

3. By applying to the Magistrates’ Court
For more serious convictions, you can apply for a Spent Conviction Order. A magistrate decides whether to grant it. It’s better if Legal Aid or VALS help you prepare your application. Asking a Community Elder to be involved can also help with the outcome.

What does “spent” mean for you?

If a conviction is spent:

It won’t show up on a standard police check
You don’t have to tell employers, landlords, or licensing bodies about it
Employers can’t discriminate against you because of it. That’s the law under Victoria’s Equal Opportunity Act 2010.

If you’re not sure whether something is spent, get legal advice before disclosing anything.

Did you know?

Some types of convictions are just removed from your record after a 10 years, (or 5 years if you were under 21).

“The law allows old stories to rest. You can apply to have your convictions spent. Let what’s finished stay in the past, and keep moving forward strong.”

Don’t Skip Step 1:

It’s important to get legal help before you apply. If your application is knocked back you may need to wait some time to apply again.

Get advice here:

Free legal advice

Visit Legal Aid Victoria

Have a yarn to the
Mob at VALS:

1800 064 865

How to apply for a Spent Conviction

If your conviction doesn’t become spent automatically, you can apply to the Magistrates’ Court.

Here’s the general process:

Step 1: Get legal advice first
Talk to Legal Aid Victoria, VALS or a community legal centre near you. They can tell you whether your conviction is likely to be eligible and help you put your application together. This step matters. Don’t go it alone if you don’t have to.

Step 2: Fill in the application
The Magistrates’ Court has forms you’ll need to complete. A lawyer or legal aid worker can help you fill them in correctly. There are also some supporting documents you need to attach to your application.

Step 3: Lodge your application
You submit the form to the Magistrates’ Court. There is no fee. The court will check your application. If it’s been submitted properly you’ll be given a case number.

Step 4: Attend the hearing
You’ll usually need to attend a hearing. Having a Community Elder speak to your character can really help your application.

Step 5: Wait for the decision
If the magistrate approves your application, your conviction is spent.

Police checks: Who can still see your record and why

Spent convictions don’t disappear for everyone. In some situations, your full record will still show up on a check and you may need to disclose it.

Your spent conviction will still appear if you’re applying for:

A Working with Children Check
A job in law enforcement, corrections, or the justice system
Certain licences, such as firearms, gaming, or security
Registration in a profession like health, law, or teaching

Police and courts will always have access to your full record. That’s for public safety and the proper running of the justice system. But for most standard employment checks, spent convictions won’t show.

What if an employer asks you about a spent conviction?

If a conviction is spent, and the role doesn’t fall under one of the exemptions above, you don’t have to disclose it. You’re legally protected. You can say no, and they can’t use it against you.

If you’re not sure whether your conviction is spent, or whether an exemption applies to your situation, talk to a VALS or Legal Aid before saying anything.

If an employer discriminates against you because of a spent conviction:

You have rights. You can make a complaint to the Victorian Equal Opportunity and Human Rights Commission (VEOHRC).

“Many Aboriginal people think their convictions are spent but still fear the process because of the shame.”

Community’s got your back

A police check is a piece of paper. It doesn’t show who you are today.

Lived experience is a strength

Mob with lived experience bring something real to the workplace: honesty, resilience, and a deep understanding of what Community members are going through. They know the struggles, the recovery, and the healing journey, because they’ve lived it.

People with lived experience often connect better with Community and with young ones. Many are loyal and committed because someone opened a door for them. When one person is supported, their whole family and Community feel it.

“What you’ve lived through has taught you things no classroom can. Your strength, your learning, your survival — all matter. That lived experience is something to stand proud in.”

Watch this video to understand how lived experience can be a strength, bringing valuable knowledge, skills and perspectives to the workplace.

A yarn beats a stiff interview

Formal interviews can feel scary, judgmental, and cold. Yarning helps you relax and speak in your own way and your own time.

“A yarn isn’t an interview. It’s how Mob talk, listen, and understand each other. That’s how the real story comes out – with respect and no judgement.”

If an employer offers you the chance to yarn rather than do a formal interview, take it. If they don’t offer it, it’s okay to ask.

When employers make space for yarning and involve Community voices, safer and fairer decisions follow.

Paperwork never tells the full story. Lived experience carries knowledge, growth, and strength.

A good yarn brings out the real story: what happened, what’s changed, and what support you’ve got. It builds trust. People open up more when they feel heard and not judged.

Elders and Community know your story

Elders, family, and respected Community members know who you really are, not what’s written on a form. They understand your journey, your struggles, and the changes you’ve made.

Their support can help employers look beyond a police record. When Community is involved in hiring decisions, things are fairer, safer, and more culturally right.

“Paper only shows one part of a person. Elders and Community know the full journey – where you’ve been and how you’ve grown. Walking with your Mob makes decisions fairer and stronger.”

Watch this video and hear why engaging with Elders and Community members can provide a more meaningful understanding of a person’s character than a criminal history check.

Disclaimer regarding this information

The information provided within the Rethinking Criminal Record Checks website is for general informational and educational purposes only. It does not constitute legal, financial, or professional advice. Reading or using this information does not create an attorney-client relationship. You should consult with a qualified professional in your specific jurisdiction before taking any action based on this information.