Criminal Law · Deep dive

Clean Slate Act — am I eligible?

The Clean Slate Act 2004 lets people with minor, older convictions stop disclosing them on job applications, loans and other forms. It is automatic if you qualify — but the exceptions catch a lot of people out.

The Clean Slate Act 2004 is designed to let individuals move on from past minor criminal convictions without those convictions following them around forever. Used properly, it removes the disclosure obligation in most everyday situations. The catch is that the eligibility criteria are strict, and the exceptions matter.

What the Act does

The Clean Slate Act 2004 provides a "clean slate" — eligible people do not have to disclose certain past convictions when applying for jobs, loans or other opportunities, provided they meet the conditions set out in the Act.

The aim is rehabilitation and reintegration: letting people with minor convictions move forward without being constantly held back by old mistakes.

The four eligibility criteria

You qualify automatically if you meet all four of the following.

  • Your conviction is for a minor offence — not for serious crimes such as violent offending
  • You have not been convicted of any new offences in the last seven years
  • You have not been sentenced to a custodial sentence (i.e. imprisonment) for any of the convictions you are trying to "clean"
  • You have completed any sentence or fine associated with the conviction

What it means in practice

If you are eligible, you do not need to disclose those convictions when applying for jobs or for certain services such as insurance and credit applications.

For most clients the practical effect is the bigger story: it removes the everyday stigma of carrying a record around, and it changes how you fill in the forms that come up in normal life.

The exceptions — where you still have to disclose

The Act does not apply in every situation. There are categories where disclosure is still required regardless of clean slate eligibility.

  • Roles working with children or vulnerable people (e.g. under the Vulnerable Children Act framework)
  • Certain immigration processes
  • Other situations where a specific law requires disclosure of convictions, including some professional licences

When to get advice

Most clean slate questions we get asked are really questions about whether one of the exceptions applies — vetting for a new role, an immigration form, a professional registration. The answer is not always obvious from the form itself, and getting it wrong (in either direction) has consequences. If there is any doubt, get advice before you tick the box.

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Common Questions

Criminal Law FAQs.

A few criminal law-specific answers. See the full FAQ →

Should I talk to the police if they want to interview me?
Generally, no — exercise your right to silence and ask to speak with a lawyer first. There are limited exceptions (for example, providing identifying information or alibi details). Anything you say can be used against you, and what feels like a friendly chat is rarely just a chat. Contact chambers before the interview if at all possible — urgent criminal matters are treated as a priority.
What is the difference between a Judge Alone Trial and a jury trial?
A Judge Alone Trial (JAT) is heard by a District Court judge sitting without a jury — the judge decides both the law and the facts. A jury trial — typically in the High Court for serious matters, or the District Court for some Category 3 offences — has a jury of 12 deciding the facts, while the judge rules on the law and the sentence. JATs are usually quicker and cheaper, and can be the right call for technical defences. The choice between the two is a strategic decision and one of the first conversations we have.
What is a section 189A strangulation charge?
Strangulation, codified in section 189A of the Crimes Act 1961 (introduced December 2018), is the offence of intentionally or recklessly impeding another person's breathing or blood circulation by applying pressure to the throat or neck, or blocking the nose or mouth. It carries a maximum penalty of 7 years' imprisonment. Aggravating factors set out in Ackland v Police [2019] include offending in an intimate relationship, accompanying threats, loss of consciousness, multiple incidents, and breach of protection orders. This is a recognised area of our criminal practice.
What is the Clean Slate Act and do I qualify?
The Criminal Records (Clean Slate) Act 2004 lets people with minor criminal histories avoid disclosing them in most situations — once they have gone seven years without a new conviction, served no custodial sentence, completed all sentences and fines, and have no excluded offence types. There are exceptions: roles working with children or vulnerable people, immigration applications, and certain professional licences may still require full disclosure.

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