A criminal conviction in New South Wales follows you far longer than most people realise. Even a relatively minor offence — such as a low-range drink-driving charge, a common assault with a Section 10 non-conviction order, a mobile phone driving fine that ends in conviction, or a drug possession matter — can appear on a National Police Check and affect employment, professional licensing, travel, insurance, housing applications, and child-related roles for ten years or more.
The length of time a conviction remains visible depends on whether it is classified as a “spent conviction”, whether a non-conviction order (Section 10) was granted, and whether the offence falls into one of the categories that are never spent. Understanding these rules is crucial because many people discover the ongoing impact only when they apply for a new job, visa, security clearance or volunteer position years later.
At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we regularly advise clients on the long-term consequences of criminal records — especially in traffic matters (PCA, negligent driving, unlicensed driving) and summary criminal offences (common assault, intimidation, drug possession, AVO breaches). We have helped thousands of Sydney residents obtain Section 10 non-conviction orders that prevent a record from being created in the first place, or successfully argued for sentences that maximise the chance of the conviction becoming spent as quickly as possible. This detailed 2026 guide explains exactly how long a criminal record lasts in NSW, when convictions become spent, which offences are excluded, how police checks work, and practical steps to minimise long-term damage. As one of Sydney’s most experienced criminal & traffic law firms, we’re here to give you clear, accurate answers so you can make informed decisions about your case.
Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship. For legal Advice, please be sure to contact our office at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au.
The Basic Rule: Spent Convictions Scheme in NSW
The Criminal Records Act 1991 (NSW) establishes the spent convictions scheme. Under this law, most convictions become spent (effectively hidden from standard police checks) after a crime-free period of:
- 10 years for adults (18+ at time of conviction)
- 3 years for juveniles (under 18 at time of conviction)
Once a conviction is spent:
- It does not appear on a standard National Police Certificate (the one most employers, licensing bodies and volunteer organisations request).
The 10-year period starts from the date of conviction, not the date of the offence or the date any sentence ends.
How the 10-Year Period Is Calculated
The crime-free period is continuous. If you commit any new offence punishable by imprisonment (even if no jail is imposed) during the 10 years, the clock resets for all previous convictions.
Example:
- Convicted of low-range PCA on 1 January 2018 → spent on 1 January 2028 (assuming no further offences).
- Commit a new offence on 15 June 2026 (e.g. common assault, fine only) → the PCA conviction is no longer spent and the 10-year clock restarts from 15 June 2026 → new spent date 15 June 2036.
This reset rule applies even to very minor offences (e.g. a $200 fine for negligent driving or disorderly conduct).
Offences & Sentences That Are Never Spent
Some convictions never become spent, regardless of time passed:
- Sentences of more than 6 months full-time imprisonment (including suspended sentences and intensive correction orders served in custody).
- Sexual offences (any conviction under the various sexual offence provisions of the Crimes Act 1900).
- Offences committed while in custody or on parole.
- Convictions for prescribed terrorism-related offences.
Important for traffic lawyers: High-range PCA causing death or grievous bodily harm, dangerous driving occasioning death, and police pursuit offences frequently attract sentences >6 months → these convictions remain permanently visible on police checks.
Section 10 Non-Conviction Orders – The Best Way to Avoid a Record
The cleanest way to avoid any criminal record is a Section 10 non-conviction order under s 10 of the Crimes (Sentencing Procedure) Act 1999. When granted:
- No conviction is recorded.
- No entry appears on any police check (even working with children or vulnerable persons checks).
- No demerit points are applied (traffic matters).
- No licence disqualification or interlock requirement.
Section 10 is available for most summary offences and many indictable matters dealt with summarily. Courts grant it when:
- Offence is relatively minor
- First offence or very limited history
- Strong subjective case (remorse, rehabilitation, employment, family hardship)
- Low risk of reoffending
How Long Do Non-Conviction Orders Last on Police Checks?
A Section 10 dismissal or conditional release order does not create a conviction — therefore nothing appears on any standard police check. There is no “waiting period” because no record exists.
However, the fact that a Section 10 was granted may appear on:
- Working with Children Check (WWCC) or Vulnerable Persons Check
- Certain high-security clearances (e.g. Australian Government security vetting) — full disclosure of all charges is required.
For most employment, licensing, housing and travel purposes, a Section 10 means no criminal record.
Common Questions About Criminal Records in NSW
Q: How long does a conviction stay on my police check?
A: 10 years (adults) or 3 years (juveniles) from date of conviction — provided no imprisonable offence is committed during that period.
Q: Does a Section 10 show on a police check?
A: No — no conviction is recorded.
Q: Does a spent conviction appear on a Working with Children Check?
A: No — spent convictions are excluded, but non-spent convictions and certain non-conviction charges may be considered.
Q: Can I travel overseas with a conviction?
A: Depends on the country. USA, Canada, Japan and New Zealand ask about convictions (including spent ones in some cases). A Section 10 usually means “no conviction” for visa purposes. Speak to a qualified Immigration lawyer regarding the effects on overseas Travel.
Q: Will a conviction affect my professional licence?
A: Many boards (security, real estate, teaching, nursing) require disclosure of any conviction or charge. Spent convictions may still need to be disclosed in some cases.
Contact Nicopoulos Sabbagh Lawyers Today
A criminal charge does not have to mean a permanent criminal record. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, our criminal lawyers in Sydney specialise in avoiding convictions and minimising long-term consequences. Contact us at info@nslaw.net.au, call 0427 101 499 or 02 9793 7016, or visit www.nslaw.net.au for a free consultation.
We appear daily in every major Sydney court. Let one of Sydney’s most experienced criminal law firms help you protect your future.
Why Choose Nicopoulos Sabbagh Lawyers as Your Drink Driving Lawyer Sydney
At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we have extensive experience defending DUI and PCA charges across Sydney courts. Our approach combines technical expertise, mitigation strategies, and a focus on achieving Section 10 outcomes or interlock exemptions where possible. We offer fixed fees, 24/7 availability, and compassionate support during what is often a stressful time.
Contact us today for a free consultation at info@nslaw.net.au, 0427 101 499 or 02 9793 7016, or visit www.nslaw.net.au.
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Ethical Note: This article provides general information on NSW laws and penalties in NSW and does not guarantee specific results. Outcomes depend on individual circumstances. Always seek professional legal advice tailored to your case. For expert representation, contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au.
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*This article correctly reflects the Laws of NSW as of 27th February 2026.
*Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship.