If you work in a profession that requires a National Police Certificate (NPC) such as aged care, disability services, healthcare, or law enforcement, a past conviction could still appear on your police clearance, even if it is legally considered โspent.โ Many professionals are surprised to discover that spent convictions can still be disclosed due to specific legal exemptions.
The good news? There is a legal process to have these exemptions removed, ensuring that your past does not continue to impact your career opportunities, professional licencing, or future job prospects.
What is a Spent Conviction?
Under the Spent Convictions Act 2009 (SA), certain criminal convictions become โspentโ after a specific waiting period, meaning they should no longer be disclosed on an NPC. However, exemptions apply for roles that require high levels of trust, security, and ethical integrity. These roles include:
- Aged care workers
- Disability support workers
- Healthcare professionals (nurses, doctors, allied health workers)
- Childcare and education staff
- Legal and government employee
- Security and law enforcement personnel
If you fall under any of these professions, South Australia Police (SAPOL) may still disclose your spent conviction on a police clearance.
Why is My Spent Conviction Still Showing on My NPC?
While most convictions become spent after 10 years, certain legal exemptions allow SAPOL and regulatory bodies such as AHPRA (Australian Health Practitioner Regulation Agency) to continue disclosing past offences for roles involving vulnerable individuals or positions that require public trust and ethical responsibility.
Additionally, under Section 8A of the Spent Convictions Act 2009 (SA), individuals with an eligible sex offence conviction may apply to a Magistrate to have the conviction spent. However, this application can only be made after the qualification period has ended and cannot be reapplied for within two years of a prior refusal.
How to Remove a Spent Conviction from Your NPC
If your spent conviction is still appearing on your police clearance, you may be eligible to apply to a Magistrate to have the exemption removed. This means your past conviction will no longer be disclosed on future NPC checks.
When reviewing your application, the court will consider:
โ The seriousness of the offence
โ Whether the offence involved a vulnerable person
โ Your rehabilitation and character since the conviction
โ The public interest in allowing the exemption to be removed
โ How disclosure impacts your employment and career prospects
Applying for Spent Conviction Removal โ Expert Legal Assistance
At Shkambi & Associates, we are here to assist you in spent conviction removal applications.
We can:
- Assess your eligibility for spent conviction removal
- Prepare a strong legal application to the Magistrates’ Court
- Advocate on your behalf to improve your chances of success
- Guide you through the legal process for police clearance conviction removal
Contact us today for a confidential consultation.
FAQs About Removing Convictions from Police Checks
Can I remove a conviction from my police clearance?
Yes, in many cases, a spent conviction can be removed by applying to a Magistrate.
How long does it take to have a conviction removed?
The timeframe varies, but we will help you navigate the process as efficiently as possible.
Will my employer see my spent conviction?
Certain professions allow the disclosure of spent convictions, which is why getting legal advice is crucial.
Can I apply for multiple conviction removals?
Yes, depending on your circumstances, you may be eligible to have multiple spent convictions removed from your police clearance.