(1) Where a person has been convicted of an offence but a court, without recording the conviction, discharges the person absolutely, the criminal record (if any) of the conviction is a spent conviction immediately the person is discharged.
(2) Subject to subsections (3) and (4), a criminal record in respect of a finding that an offence is proved without the court proceeding to conviction is a spent conviction immediately the finding or order is made.
(3) A criminal record of a finding or order made under section 83 of the Youth Justice Act 2005 , not being an order made under subsection (1)(a) or (b) of that section, without the court proceeding to conviction, is a spent conviction immediately the period specified in the order expires if the person subject to it has by that time complied with all of its requirements or where, before that time, he or she has complied with all of its requirements and there is no continuing obligation to be met, on the completion of those requirements.
(4) If a court finds an offence proved and, without recording a conviction, makes an order specified in subsection (5), the criminal record of the offence is a spent conviction immediately after the order ceases to be in force, if the person has complied with all the requirements of the order.
(5) For subsection (4), the following orders are specified:
(a) a community correction order under the Sentencing Act 1995 ;
(b) an order under section 10 of the Sentencing Act 1995 ;
(c) an order under section 11 of the Sentencing Act 1995 as in force before the commencement of Part 2 of the Sentencing and Other Legislation Amendment Act 2022 ;
(d) an order under section 4 of the Criminal Law (Conditional Release of Offenders) Act 1971 as in force before the commencement of section 129 of the Sentencing Act 1995 .