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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42664
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have a fraud conviction on my record from 1997. How do I

Customer Question

I have a fraud conviction on my record from 1997. How do I have that expunged off my record.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Morning
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
In SA there is the spent conviction Act and under that you may be able to have it spent.
The following link explains criminal records in SA and if you scroll down it also explains the spent conviction procedure.
Here is the information about eligibility to have it spent.
What types of convictions can be spent?
Apart from those convictions that are immediately spent, under section 5(1) are two types of convictions that can become spent:
A conviction for an eligible adult offence
A conviction for an eligible juvenile offence
An eligible adult offence is an offence committed by an adult for which no sentence of imprisonment is imposed or a sentence of less than 12 months imprisonment is imposed.
Here is the link
http://www.lawhandbook.sa.gov.au/ch13s07s01s01.php
I hoe this makes sense and is of assistance If there is nothing further thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
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Regards
Leon
Expert:  Leon replied 1 year ago.
Good Evening
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Regards
Leon
Customer: replied 1 year ago.
Hi again.I did read all that, and in layman terms it means that due to the fact the conviction is over 10yrs old and I haven't re offended then I can go ahead with it.So my next question is how do I do that, do I have to go to a lawyer, or do I contact the courts.Thank you for your help thus far
Expert:  Leon replied 1 year ago.
Good Morning
Yes that is correct.
It is automatic in SA
Here is the link from the Attorney Generals Department.
http://www.agd.sa.gov.au/sites/agd.sa.gov.au/files/documents/Initiatives%20Announcements%20and%20News/2009-factsheet-spent-convictions.pdf
You do not have to do anything.
They should not appear on your record.
Expert:  Leon replied 1 year ago.
Good Afternoon
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Regards
Leon
Customer: replied 1 year ago.
Hi Leon, I am sorry for the late reply. I applied for my police check and it arrived today with the convection still showing on there!! It was recorded as 2/9/96 so it is nearly 19 years ago. Obviously something is not right if it is supposed to be off the system.
Expert:  Leon replied 1 year ago.
Good Morning. I would suggest you contact the police about this. it should not appear on there is it meets the requirement as set out on the link I provided earlier and here it is again. http://www.agd.sa.gov.au/sites/agd.sa.gov.au/files/documents/Initiatives%20Announcements%20and%20News/2009-factsheet-spent-convictions.pdf

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