My son is currently on remand waiting trial. We have had a really tricky time over the last year learning about some of the things that he has been doing, but we want to make sure that we support him through the trial so that he can get a fair process. Having family on your side can help the prisoners to have an easier time at trial and can often help the lawyers to provide the strongest possible defence in court. This blog explains how family members can help to make sure that legal process goes smoothly and that the lawyers get all of the resources that they need.
Criminal records can be detrimental to your life, especially when it comes to job opportunities or travelling overseas. If you have been convicted before, chances are you have a criminal record. However, this does not mean that you should live with the consequences of the criminal record forever. In fact, convictions can be 'spent'. A spent conviction is a term that refers to convictions that do not have to be disclosed and will usually not show on police record checks. While a spent conviction comes with several benefits, the main advantage is that generally, you won't be required to acknowledge a previous conviction or disclose it for purposes such as employment. Here is more on spent convictions.
When Can A Conviction Be Spent?
There are different circumstances under which a conviction may be spent and the laws regarding those circumstances may vary slightly across states. However, a conviction becomes capable of being spent when you are pardoned for the wrongful conviction of the offence. A conviction can also be spent if you are sentenced without imprisonment. If the sentence includes imprisonment, the duration of the imprisonment can determine whether or not you can spend the conviction. A criminal lawyer will be able to tell you exactly how the duration of imprisonment affects your ability to spend the conviction.
Convictions become spent automatically when the waiting period for your offence ends. The waiting period, sometimes known as the rehabilitation period, varies for adult and juvenile cases and a criminal lawyer will also fill you in on this. In some cases, you may have to apply to your district court judge for your conviction to be spent. However, keep in mind that this is usually dependent upon satisfactory completion of certain conditions such as good behaviour.
What Is the Waiting/Rehabilitation Period?
This is a period within which you are required to demonstrate utmost good behaviour after your conviction. The period usually starts from the date of the conviction but it's subject to no subsequent convictions. That is, if you are convicted of another offence, the period will be counted from the date of the most recent conviction.
What Are the Exclusions?
Not all convictions can be spent. There are some limited circumstances that will require you to disclose your conviction. This is usually in regard to the type of offence and to whom you are required to disclose the conviction. For instance, for serious offences such as sexual offences and body corporate convictions, you will be required to disclose your conviction, especially if you are applying to work with children. Convictions may also have to be disclosed when it comes to the assessment of potential employees or consultants in law enforcement, intelligence, or security agencies.
Contact local lawyers for more information.
Share3 April 2018
