Victorian Numbered Acts Victorian Numbered Acts(1) A person may apply to the Magistrates' Court for a spent conviction order in relation to a serious conviction of the person for an offence against a law of Victoria if—
(a) the person was a child or young offender and the conviction was imposed under the Children's Court Act 1973 , the Penalties and Sentences Act 1985 , the Children and Young Persons Act 1989 , the Sentencing Act 1991 or the Children, Youth and Families Act 2005 ; or
(b) the person was not a child or a young offender and—
(i) in the case of a serious violence offence or a sexual offence, no term of imprisonment was imposed for the conviction; or
(ii) in any other case, any term of imprisonment imposed for the conviction was not more than 5 years.
(2) A person must not apply for a spent conviction order under subsection (1) in relation to a conviction before the day on which the conviction period for that conviction expires.
(3) A person may apply for a spent conviction order under subsection (1) in relation to more than one conviction imposed on the person.
(4) A person must not apply for a spent conviction order under subsection (1) in relation to a conviction if—
(a) the Magistrates' Court has refused an application under this Division (other than a refusal under section 18(c)) in relation to that conviction within the previous 2 years; and
(b) the person fails to produce new information in support of the application.
(5) If a person is unable to apply for a spent conviction order under subsection (1) because of a disability within the meaning of the Equal Opportunity Act 2010 , the person's guardian within the meaning of the Guardianship and Administration Act 2019 may apply under subsection (1) on behalf of the person in relation to a serious conviction of the person.