Request to expunge a historical homosexual criminal offence

Part of the Criminal history topic

Request to remove a historical homosexual criminal offence from your record. Appy to the Director-General, Department of Justice.


In short

You can use this service to request to expunge a historical homosexual criminal history offence.

You must submit your completed application form and documents by post.

See How to request to expunge a homosexual criminal history offence for the full application process

Download the PDF form

What you should know

There are certain rules you must follow when applying for the expungement of an eligible conviction or charge, for consensual adult male homosexual activity.

See Rules for expunging homosexual criminal history offences.

Expungement clears the conviction or charge from your record and allows you to lawfully state that it never occurred. Public record holders must mark relevant records to show the conviction or charge has been expunged.

Who can use this service

You can request to clear a historical homosexual offence from your record if you:

  • were charged or convicted of an eligible offence
  • are applying on behalf of a person with impaired capacity, and you are:
    • their guardian (appointed under the Guardianship and Administration Act 2000)
    • their attorney under an enduring power of attorney
    • a member of their support network (family, close friend, or tribunal-approved supporter)
    • another person approved by the decision maker.
  • are applying on behalf of the person who has died, and you are:
    • their personal representative (executor or administrator of their estate)
    • their spouse (including de facto or civil partner)
    • their parent, adult child or sibling
    • someone who was in a close personal relationship with them.

Don't use this service if:

  • the conviction or charge is different from a consensual historical homosexual criminal offence.
    Instead, get legal advice about your options.

How to request to expunge a historical homosexual criminal history offence

Follow these steps to make a request.

Step 1: Complete the form

Download, print and complete the application form by hand.

Download the PDF form

Step 2: Gather your documents

Proof of identity

Choose if Part A, B or C on the form applies to you. Gather 1 proof of identity document from each list in Part D.

See Proof of identity document for criminal history expungement.

Supporting documents

Gather information about the conviction or charge including:

  • date of the conviction or charge
  • the court where the conviction was decided
  • details of any sentences imposed.

Certify copies of your documents

You must get copies of your documents certified.

See Find a JP in the community.

Step 3: Declaration

Sign the declaration section on the form to acknowledge and consent.

Step 4: Submit your application

Post your completed application and supporting documents to:

Director-General
Department of Justice
GPO Box 149
BRISBANE QLD 4001

Step 5: Receive the outcome

You'll receive confirmation your application has been received. You'll be notified of the proposed decision and given an opportunity to respond before a final decision is made.

How long it takes

Processing time begins when a completed application is received.

Standard applications: up to 10 business days

Urgent applications: not available

How much it costs

Free.

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