Apply to remove a past homosexual offence

If a charge or conviction is expunged, it means you will be treated as though it never happened.

It also means:

• you don’t have to tell anyone about the charge or conviction, even when giving evidence under oath
• the charge and any conviction will no longer be part of your criminal history
• you can’t be refused an appointment, office, job or any licence, permit or registration because you:
  • have an expunged conviction or charge
  • fail to mention you have an expunged conviction or charge
• it is an offence for any unauthorised person to reveal or get information about your expunged charge or conviction.

Examples of offences that you can apply to have removed from your record include:

• consensual sexual activity of a homosexual nature
• loitering or soliciting for homosexual purposes at gay beats
• buggery or attempted buggery
• consensual sex or sexual conduct in private by a male with a male above the age of 16.

This includes attempting, inciting or conspiring to commit any of the above offences.

There are different types of records that you can apply to have amended.

These include:

• criminal history
• antecedent reports
• court files
• information for courts
• charge sheets.

These records are held by:

• NT Police
• the Director of Public Prosecutions
• a court
• NT Archives Service.

These authorities must amend and annotate these records if they relate to an expunged charge or conviction.

You can apply if you:

• were charged, found guilty of or convicted of a past expungable offence in the NT
• are acting on behalf of a person who:
  • has died or
  • has an impaired decision-making capacity.

Decision-making capacity is a person's ability to:

• understand the nature and effect of decisions
• freely and voluntarily make decisions
• communicate those decisions in some way.

Apply for a deceased person

To apply on behalf of a person who has died, you must be one of the following:

• surviving spouse or de facto partner
• parent, child or sibling
• executor of the person's will or the administrator of their estate
• person who was in a close personal relationship with the person before they died
• person involved in the act that was the subject of the charge or conviction.

Apply for a person with an impaired decision-making capacity

To apply on behalf of a person with a decision-making capacity, you must be one of the following:

• guardian
• public guardian
• attorney appointed under an enduring power of attorney
• decision‑maker appointed under the Advance Personal Planning Act
• spouse, de facto partner, parent, child or sibling
• person in a close personal relationship with the person
• person involved in the act that was the subject of the charge or conviction.

If you are the applicant or are applying on behalf of someone else, you must provide photographic identification.

This is to prove you have the right to make the application and access personal information.

A list of approved identification documents can be found at the back of the application.

You will be notified once your application has been received.

The CEO of the department will review your application and make a decision.

Your application will be handled sensitively and treated with confidentiality.

The assessment process

The department will carry out an initial assessment once it receives your application.

This involves:

• contacting the police, courts and other public sector agencies for records
• contacting you if further information is required.

The application process may take several months. This is to allow enough time for the department to find the relevant records and request them before assessing your application.

You can also provide additional information or documents during this time before a decision is made.

The department will communicate with you by your preferred method of contact. All material you receive will be marked 'private and confidential'.

You can withdraw your application at any time. You should contact the department before a decision on your application is made.

You will be notified of the decision in writing.

If your application is unsuccessful

If your application is unsuccessful, you can apply to the Northern Territory Civil and Administrative Tribunal to review the decision.

To find out more, go to the Northern Territory Civil and Administrative Tribunal website.

If you need support or legal advice during the application process, the following services are available:

• QLife - call  1800 184 527
• Lifeline - call 13 11 14
• Northern Territory Legal Aid Commission – call 1800 019 343
• North Australian Aboriginal Justice Agency - call 1800 898 251
• Darwin Community Legal Service - call 08 8982 1111
• Northern Territory Anti-Discrimination Commission – call 08 8999 1444