In some states and territories around Australia, people who have been found guilty or convicted of historic homosexual offences can apply for these offences to be expunged from their criminal record. These changes were introduced in recognition that homosexual sexual conduct between consenting adults should never have been a crime.
Can I apply for my conviction to be expunged?
How do I apply?
If you have or know someone who has a historic finding of guilt or conviction for homosexual activity, the Expungement Legal Service can:
- Advise you on the expungement scheme (including if you are eligible to apply);
- Assist you to prepare your application and relevant paperwork; and
- Support you through the expungement process.
Our Expungement Legal Service provides free and confidential legal help to anyone affected by these laws in any state or territory in Australia. Our team is staffed by LGBTIQ identifying lawyers and includes volunteer lawyer Jamie Gardiner who has personal experience of the climate and police attitudes before the old laws were repealed.
What does expungement mean?
Applying for expungement will mean that your finding of guilt or conviction will be removed for all official purposes (eg. police records check, visa applications, employment history, court record, Working with Children Check).
What if my charge or conviction was not in Victoria, NSW or the ACT?
The Tasmanian Government has tabled an expungement bill which would also allow expungement of cross-dressing offences. The Queensland and Western Australian Governments have committed to introducing an expungement scheme. South Australia has a spent convictions process which is different from expungement.
If you have offences from another state or territory, we are working towards expungement Australia wide and can talk to you about your options.
Contact the Expungement Legal Service
Phone: (03) 8636 4458
If you call outside office hours, please inform us if we can leave you a message and your preferred method of contact.