Section 20Part 5 — General
Spent convictions
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A conviction shall be spent on completion of the relevant crime-free period, except as provided by this section.
A conviction shall not be spent unless the person has served or otherwise fully complied with the sentence imposed in respect of that conviction.
A finding that an offence has been proved, or that a person is guilty of an offence, without proceeding to a conviction, shall not be considered a conviction.
An order of a juvenile court dismissing a charge and administering a caution shall not to be considered a conviction.
A finding that an offence has been proved, or that a person is guilty of an offence, and —
the discharging of, or the making of an order releasing, the person conditionally —
on entering into a good behaviour bond for a specified period;
on participating in an intervention program; or
on other conditions determined by the court; or
the releasing of that person on probation on conditions determined by the court, for such period of time as it thinks fit,
shall be treated as spent on the satisfactory completion of the period or the satisfactory compliance with the program (including any intervention plan arising out of the program) or conditions, as the case may require.
A conviction for an offence which has ceased, by operation of law, to be an offence shall be immediately spent when that offence —
ceases to be an offence; and
is prescribed by Regulations made by Cabinet to be an offence to which this subsection applies.
A conviction which is expunged shall not be revived by a subsequent conviction.
A reference in subsection (5)(a)(i) to a good behaviour bond includes a reference to a recognisance to be of good behaviour made before the commencement of the Alternative Sentencing Law (2008 Revision).
Defined Terms
spent conviction
Cross References
- Section of Alternative Sentencing Law
2008 Revision - good behaviour bonds