Northern Territory Consolidated Acts

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CRIMINAL RECORDS (SPENT CONVICTIONS) ACT 1992 - SECT 6

Convictions may be spent

    (1)     In this section "criminal record" does not include a record of a conviction of an offence in respect of which a sentence of imprisonment for more than 6 months was imposed, whether or not the sentence was suspended.

    (2)     Subject to this Part, a criminal record is a spent conviction on the expiration of a period, immediately after the date of conviction of the offence, of:

        (a)     where the offender was convicted in the Youth Justice Court within the meaning of the Youth Justice Act 2005 – 5 years; and

        (b)     in any other case – 10 years,

during which period the offender has not:

        (c)     been convicted of an offence punishable by imprisonment; or

        (d)     served all or any part of a sentence of imprisonment.

    (2A)     If the offender was convicted in a court other than the Youth Justice Court (within the meaning of the Youth Justice Act 2005 ) for an offence that the offender committed before attaining 18 years of age, his or her criminal record is, subject to this section and section 6A, a spent conviction on the expiration of the period specified in subsection (2)(b).

    (3)     A conviction for a subsequent traffic offence and any period of imprisonment served in respect of the offence shall be taken into account in calculating a period referred to in subsection (2) only in respect of a conviction relating to a traffic offence.

    (4)     A conviction for a subsequent non-traffic offence and any period of imprisonment served in respect of the offence shall be taken into account in calculating a period referred to in subsection (2) only in respect of a conviction relating to a non-traffic offence.



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