Wiping Historical Offences

Stewart Dalley guides us through the process of applying for historical homosexual offences to be wiped from criminal records.

Who Can Apply?

Persons convicted, or those acting on behalf of a deceased convicted person, can apply personally or through a representative.

What Can Be Wiped?

The list of offences you can apply to wipe are limited to:

  • section 141 (indecency between males) Crimes Act 1961;
  • section 142 (sodomy) Crimes Act 1961;
  • section 146 (keeping place of resort for homosexual acts) Crimes Act 1961;
  • section 153 (unnatural offence) Crimes Act 1908 but only for offences committed with any other male human being; and
  • section 154 (attempt to commit unnatural offence) Crimes Act 1908 but only for offences attempted to be committed with or against any other male human being

Any of the above can be wiped, if the Secretary of Justice determines that on the balance of probabilities the conviction relates to consensual sexual activity between males 16 years and over.

 

To read more, please click here: Wiping Historical Offences