A spent conviction is a conviction that no longer has any effect. Spent convictions do not appear on a police records check and do not have to be disclosed when questions are asked about a person’s criminal history [s 10]. Under the Spent Convictions Act 2009 (SA), certain convictions will become spent if there has been no re-offending within a specified time period. Convictions can also become spent if they are quashed or a pardon is granted [s 4].

In addition, under s 4(1a), where there has been a formal finding of guilt or a finding an offence proved, but no conviction is recorded against the person, then the finding will be taken to be immediately spent.