7Which convictions are capable of becoming spent?

#### 7 Which convictions are capable of becoming spent? 7 Which convictions are capable of becoming spent? > > (1) All convictions are capable of becoming spent in accordance with this Act, except the following— > > > > > (a) convictions for which a prison sentence of more than 6 months has been imposed, > > > > > (b) convictions for sexual offences, > > > > > (c) convictions imposed against bodies corporate, > > > > > (d) convictions prescribed by the regulations. > > > (2) A conviction may become spent in accordance with this Act whether it is a conviction for an offence against a law of New South Wales or a conviction for an offence against any other law. > > > (3) A conviction may become spent in accordance with this Act whether it is a conviction imposed before, on or after the date of commencement of this section. > > > (4) In this section— > > > > prison sentence does not include a sentence the subject of an intensive correction order or the detaining of a person under a control order. > > > > sexual offences means the following offences— > > > > > (a) the offences under sections 61B–61F, 65A–66D, 66F, 73, 74, 78A, 78B, 78H, 78I, 78K, 78L, 78N, 78O, 78Q, 79, 79A, 79B, 80, 91A, 91B and 91D–91G of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), > > > > > (b) from the date of commencement of Schedule 1 (3) to the [Crimes (Amendment) Act 1989](/view/pdf/asmade/act-1989-198), the offences under sections 61I–61P of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), > > > > > (c) from the date of commencement of Schedule 1 (6) to the [Crimes (Amendment) Act 1989](/view/pdf/asmade/act-1989-198), the offence under section 80A of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), > > > > > (d) the offence under section 5 of the [Summary Offences Act 1988](/view/html/inforce/current/act-1988-025), > > > > > (e) an offence (such as an offence under section 37 (2) or 112 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040)) which includes the commission of, or an intention to commit, an offence referred to in paragraph (a), (b), (c) or (d), > > > > > (f) an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in paragraph (a), (b), (c), (d) or (e), > > > > > (g) an offence committed— > > > > > > > (i) before the date of commencement of this section against a law of New South Wales or a law of a place outside New South Wales, or > > > > > > > (ii) after the date of commencement of this section against a law of a place outside New South Wales, > > > > > > which constituted or constitutes an offence of a similar nature to an offence referred to in paragraph (a), (b), (c), (d), (e) or (f), > > > > > (h) an offence prescribed by the regulations as a sexual offence for the purposes of this section. > > > (5) A reference in this section to a prison sentence means, in the case of an aggregate sentence of imprisonment (within the meaning of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092)) imposed in respect of more than 1 offence, each prison sentence that would have been imposed for each offence had separate sentences been imposed instead of an aggregate sentence, as recorded by the court that imposed the sentence. > > **s 7:** Am 2010 No 48, Sch 5.9; 2014 No 23, Sch 2.3; 2018 No 29, Sch 1.11; 2025 No 67, Sch 2.4.