Rules for expunging historical homosexual criminal offences

Part of the Criminal history topic

Understand the rules for clearing historical homosexual criminal offences in Queensland.

In short

These rules apply to the erasing of historical convictions or charges for consensual adult male homosexual activity and certain public morality offences in Queensland.

Use these rules to understand which offences are eligible for expungement.

See the Criminal Law (Historical Homosexual Convictions Expungement) Act 2017.

You must

To comply with the rules in Queensland you must:

  • have been convicted or charged with a homosexual criminal offence before 19 January 1991 under the Criminal Law (Historical Homosexual Convictions Expungement) Act 2017 (the Expungement Act).

    • The Act allows for the expungement of 2 categories of offence:

    • Criminal Code male homosexual offences
    • public morality offences.

    Criminal Code male homosexual offences

    • Unnatural offences (section 208(1) and (3)
    • Attempts to commit unnatural offences (section 209)
    • Indecent practices between males (section 211)
    • Any offence of attempting, conspiring, counselling or procuring any of the above offences

    For Criminal Code male homosexual offence expungement applications to be approved, the decision maker must be satisfied that:

    • the other person involved (or allegedly involved) consented to participate in the relevant sexual activity, and was 18 years or older at the time
    • the action would not be an offence under any current law of Queensland.

    Public morality offences

    • Soliciting for an immoral purpose (section 5(1)(b) of the Vagrants, Gaming and Other Offences Act 1931)
    • Behaving in a riotous, violent, disorderly, indecent, offensive, threatening or insulting manner (section 7(e) of the Vagrants, Gaming and Other Offences Act 1931)
    • Indecent acts (section 227(1))
    • Any offence of attempting, conspiring, counselling or procuring any of the above offences

    For public morality offence expungement applications to be approved, the decision maker must be satisfied that:

    • the offence involved what would have been regarded as homosexual activity before 19 January 1991
    • the action would not be an offence under any other law of Queensland.

You cannot

To comply with the rules in Queensland you cannot

  • provide false or misleading information.

Exceptions and special circumstances

Some convictions or charges may still be considered an offence under the current law of Queensland if it occurred in a public place. However, these convictions could still be expunged if the decision maker decides the conviction becomes spent.

You cannot be excluded, dismissed, or discriminated against in employment or other areas because of an expunged conviction or charge.

Last updated:
29 June 2026