In September 2015, a new scheme was introduced to expunge (completely remove) criminal convictions from the past regarding homosexual activity that in today’s world would not be a criminal offence. This move is long overdue, and it was finally recognised that consenting sex between two people of the same gender should never have been a crime.

Any person with an expunged conviction can legally claim to never have been convicted or found guilty of that offence, and is not required to disclose this historical conviction or finding of guilt for any reason. Any person this affects cannot be discriminated against and be denied a job or position due to that conviction or finding of guilt. The conviction will be erased from police records also, including for dead people.

Any individual (or representative of a deceased person) can apply to the Secretary of the Department of Justice and Regulation to have that offence expunged. This process is free. Once it’s expunged, all records will be marked to show this, or electronic records will be amended or deleted.

The list of offences has not been made, but includes any offence that was used to punish homosexual sex between adults historically. This can include buggery, gross indecency with a male, and loitering for homosexual purposes. Some other sexual or public morality offences could also be included in this, and considered for expungement, if the individual was charged for the homosexual sex part of the activity, not another offence that is still considered an offence today.

If your charge appears to be a grey area or you aren’t sure if you are eligible, contact Vanessa Ash and we can help determine your best bet.

Clear your record. Call Vanessa Ash and Associates today.