The legislation that governs spent convictions is the Spent Convictions Act 2009 (SA) and the Spent Convictions Regulations 2011 (SA), together with Chapter 7 Part 6 of the Uniform Special Statutory Rules 2022 (SA).

The purpose of the Act is to limit the effect of a person’s conviction for certain offences if the person completes a period of crime-free behaviour, or if the conduct constituting the offence has since been decriminalised.

Police records checks, otherwise known as Nationally Coordinated Criminal History Checks, are available from the state and territory police or from various independent organisations accredited by the Australian Criminal Intelligence Commission. Some reports provided by independent organisations may include references to offences where no conviction was recorded or to spent convictions, unlike the reports provided by the South Australian Police. If there is concern about the information that may appear in a police record check, submit the application with the South Australian Police (see Apply for a police record check).