Extinguishment of historical homosexual convictions

Clearing the record

In 1984, New South Wales took a major step forward by decriminalising homosexuality. However, many people still carry the burden of criminal convictions for consensual same-sex activity that occurred before this change. These outdated convictions can continue to affect people’s lives - impacting job opportunities, volunteering, and travel.

To help right this historical wrong, the Criminal Records Act 1991 was amended in 2014. This change allows eligible individuals to apply to have these discriminatory convictions formally extinguished, meaning they are treated as if they never happened.

In 2024, to mark 40 years since decriminalisation, the NSW Premier issued a formal apology to those affected by these unjust laws. In recognition of this milestone, the eligibility criteria have been expanded to allow more people to apply and clear their criminal records. 

What does this mean for those affected?

If you were convicted of a former offence for consensual same-sex activity, you may be eligible to have that conviction removed from your record. The process is free and confidential.

Who can apply?

You can apply if:

• the conviction was for an eligible offence and relates to consensual homosexual activity
• the other person involved consented and was above aged 16 or over at the time of the offence (or 18 or over if the other person was under the special care of the convicted person)
• you can provide relevant details to support your application.

If you were previously ineligible, it’s worth checking again.

You can also apply on behalf of someone with a historical homosexual conviction that has passed away.  An application can be made by a spouse, de facto partner, parent, child, a person in a close personal relationship with the person before they died, or a legal representative.

How are applications reviewed?

The Secretary of the Department of Communities and Justice will review your application and may request additional information to help make a fair decision.

For further information on eligibility and the application process, please see the Extinguishment of Historical Homosexual Offences: fact sheet (PDF, 114.6 KB) (PDF, 114.6 KB).

How to Apply

Download and complete the Application to extinguish a historical homosexual offence form (DOCX, 47.1 KB) (DOCX, 47.1 KB). It’s short and easy to complete. It can be returned via post or email:

Advisings and Community Protection

Legal Branch

Department of Communities and Justice

Locked Bag 5000 Parramatta NSW 2124

AdvisingsandCommunityProtectionLegal@dcj.nsw.gov.au

If you need help accessing any of the documents on this page or would like an accessible version, please contact the DCJ Legal Branch at (02) 8346 1388.