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I'm 63 years old and have a criminal record, having served…

Customer Question

I'm 63 years old and...

I'm 63 years old and have a criminal record, having served a jail term 23 years ago. I have had no legal issues since that time. Is there any way I can apply to clear my record?

Submitted: 8 years ago.Category: Australia Law

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Answered in 2 hours by:

12/7/2014

Solicitor: Leon, Solicitor replied 8 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,733

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Verified

Good Evening
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
How long were in jail for and what was it for?

Customer reply replied 8 years ago

Hi Leon,

In 1972 I was imprisoned for 6 months, served 4 for theft. I was later in 1975 fined $300 for minor theft. Both of these were in NSW.

In 1991 I was found guilty of cultivation of cannabis and sentenced to 4 years with an 18 month parole period. I served 18, was paroled in 1993 or 94.

Regards

Dan

Solicitor: Leon, Solicitor replied 8 years ago

Good Afternoon
Because of the second convictions being for more then 6 months you cannot have them spent.
Were they in NSW?

Customer reply replied 8 years ago

Hi Leon,

The latest conviction (1991) was in Qld. Is there any way these convictions can be wiped after such a long period of time?

Thanks

Dan

Solicitor: Leon, Solicitor replied 8 years ago

Good Afternoon
They become spent and not revealed.
Here is some information

Customer reply replied 8 years ago

I'm sorry I don't understand your reply and explanation. "spent and not revealed"?

There's nothing under your statement; "Here is some information"

Solicitor: Leon, Solicitor replied 8 years ago

Good Afternoon
Spent convictions means that they are not disclosed any more. When there is a search they will not be revealed to the party that is doing the search
My apology for that I attached a link but it appears not to have been attached
http://www.findlaw.com.au/articles/4335/do-i-have-to-disclose-a-criminal-conviction-to-an-.aspx

Customer reply replied 8 years ago

Leon,

In the case of a visa application to the USA where they demand the details of criminal records, once convictions were spent would they still be required to be declared?

And to go over the matter again once the convictions were spent, would they no longer come up in a search or be accessible by anyone?

I was alarmed when a friend told me some years ago my history cold be Googled!

Solicitor: Leon, Solicitor replied 8 years ago

Good Afternoon
For the US it has to be disclosed it is clear that they want to know about all your convictions.
The US government is told everything.
The visa waiver asks if you have had any convictions or charges.
It does not have a time limit.

Customer reply replied 8 years ago

Hi Leo,

How do I go about having my convictions spent?

Solicitor: Leon, Solicitor replied 8 years ago

Good Morning
In QLD this is automatic
You do not have to do anything.
The following link is for QLD and scroll down to heading How Long your criminal record lasts
https://www.qld.gov.au/law/crime-and-police/criminal-records-and-history-checks/criminal-records/
You do not have to do anything.
I hope this assists

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