Knowledge Hub

Criminal History, Spent Convictions and Blue Cards

For many people the sentence is not the lasting problem. What a conviction does to employment, a blue card and travel is.

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In short

Under the Criminal Law (Rehabilitation of Offenders) Act 1986, a Queensland conviction generally becomes spent at the end of a rehabilitation period: 10 years for a conviction on indictment where the person was not dealt with as a child, and 5 years in other cases. Once spent, it generally need not be disclosed. Important exceptions apply, and blue card screening is one of them.

Whether a conviction is recorded at all

This is the most consequential question in a great many criminal matters, and it is separate from the penalty. A Queensland court sentencing a person has a discretion, in many cases, whether to record a conviction. A penalty can be imposed with no conviction recorded, and the difference between those two outcomes is often worth more to the client than the difference between two penalties.

The discretion is exercised on material, not on assertion. What is relevant includes the nature of the offence, the offender’s character and age, and the impact a recorded conviction would have on their economic or social wellbeing or their chances of finding employment. That last consideration is why evidence about your job, your industry’s licensing requirements, your studies or your travel obligations belongs before the court at sentencing rather than being mentioned afterwards.

Preparing that material properly is usually the highest-value work available on a plea of guilty. It is also work that has to be done before the hearing, because once a conviction is recorded it cannot be unrecorded.

The rehabilitation period

Queensland has a spent convictions scheme under the Criminal Law (Rehabilitation of Offenders) Act 1986. A conviction becomes spent at the expiry of a rehabilitation period, which the Act sets at 10 years for a conviction on indictment where the person was not dealt with as a child, and 5 years in other cases, running from the date the conviction was recorded.

Once the rehabilitation period has expired, the general position is that the conviction need not be disclosed, and that it is unlawful for another person to disclose it without consent. The scheme does not apply where a sentence of imprisonment was ordered, and there are further exclusions.

Those exclusions matter more than the rule for many people, because they cover exactly the situations in which criminal history is usually asked about. Screening for work with children, for the police service, for admission to the legal profession, and for certain licences and appointments can reach convictions that would otherwise be spent. Do not assume a spent conviction is invisible for every purpose.

The Act’s exclusions and the circumstances in which a spent conviction may still be disclosed are detailed and have been amended. Section numbers are not reproduced here. Confirm the current provisions before relying on this summary, particularly before completing any disclosure form. See sources 1 and 2.

Blue cards

Working with children in Queensland is regulated under the Working with Children (Risk Management and Screening) Act 2000, administered by Blue Card Services. The screening is not a simple criminal history check. It considers police information, which can include charges that did not result in a conviction, and it can consider matters that would otherwise be spent.

The Act creates categories. Some offences are disqualifying, meaning a person convicted of them cannot hold a blue card unless a rare exceptional case is established. Others are serious offences, which trigger a presumption against issuing a card that the applicant must displace. Outside those categories, the decision-maker weighs the police information against the applicant’s circumstances.

The practical consequences are worth stating plainly. A charge alone can affect a blue card application. A conviction with no conviction recorded can still appear in police information provided for screening. And a card can be suspended or cancelled if a person is charged with a relevant offence while holding one, which for people in childcare, education, sport and health can mean immediate loss of income.

Where criminal history commonly matters

Blue card and working with children screening

Professional registration and admission

Firearms and weapons licensing

Employment screening in health and aged care

Visa applications and entry to other countries

Volunteer roles with sporting and community bodies

If disclosure is being asked of you

Read what is actually being asked

Forms differ. Some ask about convictions, some about charges, some about anything requiring disclosure under a particular Act. Answering a narrower question broadly can cost you a job unnecessarily; answering a broader question narrowly can be a far more serious problem.

Get your own criminal history first

You can obtain a police certificate showing what is recorded about you. Working from the actual record rather than memory avoids both over- and under-disclosure.

Do not guess about spent convictions

Whether the rehabilitation period has expired, and whether an exclusion applies to the purpose you are disclosing for, are two separate questions. Both need answering before you complete the form.

Take advice before a blue card application you are unsure about

A refusal is harder to deal with than a well-prepared application. If there is history that may be relevant, that is a reason to prepare rather than to hope.

Common questions

How long does a criminal conviction stay on your record in Queensland?

Under the Criminal Law (Rehabilitation of Offenders) Act 1986 a conviction generally becomes spent at the end of a rehabilitation period, which the Act sets at 10 years for a conviction on indictment where the person was not dealt with as a child, and 5 years in other cases, running from the date the conviction was recorded. Once spent, it generally need not be disclosed — but the scheme does not apply where imprisonment was ordered, and significant exclusions exist.

What does "no conviction recorded" mean?

It means the court imposed a penalty but exercised its discretion not to record a conviction. That is a materially better outcome, because it affects what appears on a criminal history for many purposes. It is not the same as invisibility: police information provided for some screening purposes, including blue card screening, can still include the matter.

Can I get a blue card with a criminal history?

It depends on the offence. Some offences are disqualifying, meaning a card cannot be issued unless an exceptional case is established. Others are serious offences, which create a presumption against issuing that the applicant must displace. Outside those categories the decision-maker weighs police information against the applicant’s circumstances. Because a charge alone can be relevant, advice before applying is worthwhile where there is any history.

Does a criminal charge affect a blue card even without a conviction?

It can. Blue card screening considers police information rather than convictions alone, so charges that did not result in a conviction may be taken into account. A blue card can also be suspended or cancelled if the holder is charged with a relevant offence, which in childcare, education, sport and health can mean an immediate loss of income before any court has decided anything.

Sources

Reviewed 26 August 2026

1Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld) — rehabilitation periods and non-disclosure. legislation.qld.gov.au

2Penalties and Sentences Act 1992 (Qld) — the discretion whether to record a conviction. legislation.qld.gov.au

3Working with Children (Risk Management and Screening) Act 2000 (Qld). legislation.qld.gov.au

4Blue Card Services, Queensland Government — applying and eligibility. qld.gov.au

Further sources for the Knowledge Hub as a whole are listed on the hub source list.