TAS How to Get Spent Conviction Removed from Criminal Record?

[Lochlanny]

I have an annulled spent conviction from 2005. I breached an Apprehended Violence Order (AVO) in 2005 in which I was convicted for sending a letter to my son. I have since graduated from University in 2015 with a Bachelor of Social Work degree, but I am finding it increasingly difficult to find employment.

I have contacted Legal Aid and spoken to a lawyer, who recommended I see a Criminal Lawyer to have the conviction quashed (removed from my criminal record. I want to work in Child Protection, but I have been advised with this conviction I cannot apply).

Can someone please give me some direction on what to do before I spend money on seeing a lawyer? Is it possible to get this conviction removed from my criminal record after 11 years?

Please help.

 

[Lance]

In Tasmania for convictions, 6 month sentence or less (except for sexual offences and prescribed convictions) the conviction becomes automatically spent after ten years for crimes committed by an adult in accordance with the Annulled Convictions Act 2003 (TAS).

But you need to be aware that some occupations, appointments or licences are exempt from the application of the above mentioned legislation. This means all prior convictions and findings of guilt will appear on a police record regardless of the conviction being spent.

 

[Lochlanny]

Hi Lance,

Thank you for providing the information and I appreciate your response, but I am well aware about how spent convictions work and that certain professional jobs have exemptions and require a Schedule 1 Police Check. I am specifically wanting to know if I can have this conviction overturned, because it is affecting me getting a job. I sent a letter to my son. That is what I was convicted for.

So my question is, can I have a spent conviction overturned or quashed if I see a lawyer on the grounds that it is affecting my employment prospects?