For many people, a major consideration in whether or not to plead guilty to a criminal charge is how doing so will affect them in the future. Common questions include “Will it mean I lose my job?” “Will I be prevented from travelling where I need to go?” “Will I have to declare it?”
This is where a Spent Conviction Order comes in. If granted, a Spent Conviction Order can be the difference between the answer to all of the above questions being a reassuring ‘no’ as opposed to a nerve wracking ‘maybe’ or ‘yes’. For many, employment and travel options are at the forefront of their minds when they come before the Court. A single poor decision can have long-reaching effects on many aspects of a person’s future.
Under section 45 of the Sentencing Act, a Spent Conviction Order can be granted at the time of sentencing, at the complete discretion of the judicial officer presiding. Amongst other factors that will be looked at, the court will consider:
- Is the offence trivial?
- Is the offender likely to re-offend?
- Is the offender of prior good character?
It is important to get an application for a spent conviction order right the first time, because if it is refused, the charges cannot be declared spent (i.e. expunged from your record) until at least 10 years have passed since the offender’s last conviction. For many, the damage to reputation and employment prospects will have already been done by that time.
Our office can help you navigate the process of seeking a Spent Conviction Order at the time of sentencing, from the time you are charged through to conviction. We offer thorough advice and guidance on supporting evidence and written documentation to assist in the application to have the best possible chance of success.
Contact us for a confidential discussion about how we can help you get a Spent Conviction Order.