Convictions (ACT)

When a person is found guilty of a criminal offence in the ACT, they will usually have a conviction recorded. However, in some situations, the court has discretion as to whether or not to record a conviction. This page deals with when a conviction is recorded, when a conviction may not be recorded and the consequences of having a conviction in the ACT.

What is a conviction?

When a court imposes a conviction against a person, this means that the offence will appear on the person’s criminal record indefinitely. A person’s criminal record must be disclosed in a range of situations including when the person is applying for a visa to enter another country, when the person is applying for a Working With Vulnerable People check, and when a person is applying for some kinds of work, or when they are applying for certain types of professional accreditation.

The conviction will also be disclosed to the court if the person is subsequently found guilty of another criminal offence and taken into account when they are sentenced. If the subsequent offence is similar or related to the conviction, this may mean that a harsher penalty is imposed on the basis that the person is a prior offender.  

Will a conviction be recorded?

Whether or not the court will record a conviction depends largely on the sentence that is imposed. If a person is sentenced to a term of imprisonment, a fine, or a supervised order, the court must impose a conviction.

If a person is sentenced to a good behaviour bond, or if the matter is dismissed without penalty, the court may impose a conviction or may choose not to impose a conviction.

Spent convictions

In the ACT, a conviction becomes spent under the Spent Convictions Act 2000 if the person does not get into any further criminal trouble for a period after the conviction is recorded. For an adult, a conviction becomes spent after 10 years without any further trouble. For a child, a conviction becomes spent after five years without further trouble. If a person is sentenced to a period in prison, the good behaviour period starts up on their release.

When a conviction is spent, it no longer has to be disclosed to anyone.

Dismissal without conviction

Under section 10 of the Crimes (Sentencing Procedure) Act 1999, an ACT court may order the dismissal of a charge and the conditional discharge of the offender.

Under that provision, the court may make any of the following orders:

• An order dismissing the charge;
• An order discharging the person under a conditional release order;
• An order requiring the person to participate in an intervention program and comply with an intervention plan.

These orders may be made with or without the recording of a conviction.  

In deciding whether to make one of these orders, the court must consider:

• the person’s character, antecedents, age, health and mental condition
• the trivial nature of the offence
• the extenuating circumstances under which the offence was committed
• any other matter the court thinks appropriate.

Full dismissal

If a court dismisses a charge without making any other orders, the offender does not have a criminal record and is not subject to any conditions.  

Conditional dismissal

If a court dismisses a charge and makes a conditional release order, the offender must comply with the conditions of that order. This will include to be of good behaviour and not commit further offences, advise the court of any change of address and attend court if called upon to do so.

If a person breaches the conditions of a condition release order, the court may resentence them for the original offence. This may mean that a conviction is recorded.

Conditional dismissal with an intervention program

If a court dismisses a charge and imposed a requirement that the offender take part in an intervention program, the offender must comply with the requirements of the program and any action plans that results from it.

Summary

Courts do not generally deal with criminal matters without imposing a conviction. A court is only likely to proceed without recording a conviction if it is satisfied that the matter was trivial, where the offender is otherwise of good character, or where there are compelling extenuating circumstances.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.