Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A
serious conviction incurred by a person becomes spent if, on application being
made by that person to a District Court judge, the judge makes an order
declaring that the conviction is spent.
(2) An application
under subsection (1) may not be made by a person in respect of a
conviction —
(a)
until the prescribed period for that conviction has expired; or
(b) if a
judge has refused to make an order under that subsection in respect of the
same conviction within the preceding 2 years.
(3) The provisions in
Schedule 1 apply to an application under subsection (1) and the
determination of the application.
(4) The making of an
order under subsection (1) is at the discretion of the judge and that
discretion shall be exercised having regard to —
(a) the
length and kind of sentence imposed in respect of the conviction;
(b) the
length of time since the conviction was incurred;
(c)
whether the conviction prevents or may prevent the applicant from engaging in
a particular profession, trade or business or in a particular employment;
(d) all
the circumstances of the applicant, including the circumstances of the
applicant at the time of the commission of the offence and at the time of the
application;
(e) the
nature and seriousness of the offence;
(f) the
circumstances surrounding the commission of the offence; and
(g)
whether there is any public interest to be served in not making an order.
[Section 6 amended by No. 24 of 1989
s. 3.]