Registration of Criminals Act 1949 · 2020 Revised Edition · Part 2A · Spent Criminal Records
7E. Consequences of criminal record becoming or treated as spent
Feedback & supportLast amended by an amending law of 2022. 3 amendments in all.
Subject to subsection (2), if the record of an individual’s conviction in the register is spent or is treated as spent under this Part —
register
“register” means the register of criminals maintained in accordance with section 4;
the individual is deemed to have no record of that conviction, and it is lawful for him or her to answer a question asked of him or her on or after 17 October 2005 about his or her criminal record or to disclose information about his or her criminal record in the manner as if he or she had no record of that conviction;
the Registrar must, without delay, make an entry in the register to show that the record of that conviction is spent; and
any reference in any agreement or other document made on or after 17 October 2005 to the individual’s criminal record is taken not to refer to the conviction the record of which is so spent, but to refer only to any of the individual’s convictions the records of which are not so spent.
Subsection (1)(a) and (c) does not apply in relation to —
any investigation into an offence by a person authorised under any written law to carry out such investigation;
any prosecution against the individual for any offence;
any proceedings before a court, including the giving of evidence, or any decision by a court, including any decision as to sentence; and
any application by an individual for an appointment to or employment in any office, or for admission to any profession or vocation, from which the individual may be disqualified under any written law by reason of his or her conviction.
Despite subsection (2), subsection (1)(a) and (c) applies in respect of the matters mentioned in subsection (2)(a), (b), (c) and (d) where the individual in question is a child or young person as defined in section 2(1) of the Children and Young Persons Act 1993.