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How Long Does It Take to Get Legal Aid Approved in Victoria?

How Long Does It Take to Get Legal Aid Approved in Victoria?

Direct answer

A standard grant of legal assistance in Victoria generally takes about 14 to 21 days to be assessed, though this varies with case complexity. Urgent matters, particularly bail applications, can be approved much faster, sometimes within days, since Victoria Legal Aid can grant assistance before all paperwork is finalised.

This guide explains how the Victoria Legal Aid approval process actually works, realistic timeframes for standard and urgent applications, the means and merits tests involved, and what else to consider while you’re waiting to hear back.

Written by

Lauren Tye

Principal Lawyer · Criminal Defence Lawyer

Legally reviewed by

Counsel

Independent legal review · July 2026

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Key takeaways

  • A standard grant of legal assistance generally takes about 14 to 21 days to assess, depending on complexity.
  • Urgent applications, especially for bail, can be approved much faster, sometimes within days.
  • Approval depends on both a means test (can you afford a lawyer) and a merits test (reasonable prospects of success).
  • Duty lawyer help is separate, free, and available on the day of court, without the same approval process.
  • A grant can be assigned to an in-house Legal Aid lawyer or a private lawyer on Legal Aid’s panel.
  • If time is tight, speaking with a lawyer directly alongside applying can help you understand your options sooner.

Who this is for

Written for

  • People applying, or about to apply, for legal aid for a criminal charge in Victoria
  • People wondering how long they’ll wait before knowing if they have representation
  • Family members trying to understand the legal aid process for someone in custody
  • People unsure whether their situation counts as urgent
  • People weighing up legal aid against engaging a private criminal defence lawyer

Not a substitute for

  • Advice from Victoria Legal Aid about your specific application
  • Legal advice about the merits of your particular charge or case
  • Advice about your specific financial eligibility under the means test
  • Representation, which requires an actual grant or retainer, not just general information
  • Advice about duty lawyer services on a specific court date

Plain-English definitions

Grant of Legal Assistance

Victoria Legal Aid's approval to fund a lawyer for your matter, subject to eligibility.

Means Test

An assessment of income, assets, and expenses used to decide whether you can afford a lawyer yourself.

Merits Test

An assessment of whether your case has reasonable prospects, generally around a 50% or better chance of a worthwhile outcome.

Duty Lawyer

A free lawyer available at court on the day, for immediate advice or representation, separate from a grant.

Urgent Grant

A fast-tracked approval used for time-critical matters like bail, sometimes issued before full documentation is provided.

Referral or Practitioner Panel

A list of approved private lawyers and firms who can be assigned Legal Aid-funded matters.

Legal process timeline

  1. 1

    Identify the need

    You, or a lawyer helping you, identify that a grant of legal assistance may be needed for your charge.

  2. 2

    Application submitted

    An application is submitted, either directly by you or through a lawyer using Legal Aid's electronic system.

  3. 3

    Means and merits assessed

    Victoria Legal Aid assesses your financial situation and whether your case meets the required prospects of success.

  4. 4

    Urgent matters fast-tracked

    For time-critical matters, Legal Aid can make a grant quickly, sometimes without full documentation upfront.

  5. 5

    Grant approved or refused

    If approved, your matter is assigned to an in-house or private panel lawyer. If refused, you can seek a review or consider other options.

  6. 6

    Lawyer engaged

    Your assigned lawyer, whether in-house or private, begins acting for you under the terms of the grant.

About this guide

Legal basis

This guide is based on the Legal Aid Act 1978 (Vic), and Victoria Legal Aid’s published grants guidelines and means and merits test framework.

How this guide was prepared

Drafted for people navigating the legal aid application process for a criminal charge, who need a realistic, plain-English sense of timing and process.

Important limits

This article does not cover every situation. It does not specifically deal with:

  • Civil or family law legal aid processes
  • The specific means test thresholds in detail
  • Appealing a refused application in detail
  • Commonwealth-specific merits test criteria
  • Duty lawyer eligibility criteria in detail

The correct answer for your situation depends on the urgency of your matter, your financial circumstances, and the specific charge involved.

In-depth analysis

How long does a criminal record last in Victoria?

For life, in the sense that matters least and most at the same time. A criminal record in Victoria is permanent, because Victoria Police retains a person’s criminal history indefinitely and does not delete it.

But that is only half the story, because what most people really want to know is not whether the record exists somewhere, but whether it will show up when it counts. On that question, the answer is much more hopeful, since most convictions eventually stop appearing on standard checks. Understanding this split, between the record lasting forever and a conviction becoming invisible on checks, is the key to the whole topic.

It helps to know why the record is kept at all. Police and courts rely on complete history for legitimate reasons, from making bail and sentencing decisions to keeping vulnerable people safe, so the law deliberately preserves the underlying record even as it limits who gets to see it.

That design is actually good news for most people, because it means the system can protect your privacy in everyday life without pretending, in the small number of situations where full history genuinely matters, that a person has none. The record lasting forever and your old mistake fading from view are two sides of the same scheme.

The record is permanent, but its visibility changes

This distinction is the single most misunderstood thing about criminal records. The record itself does not have an expiry date, so it is not wiped after five, ten, or twenty years. What changes is disclosure, meaning whether a conviction is revealed on a police check or has to be told to an employer.

Over time, most convictions become spent and disappear from routine view, even though the underlying record is still held by police. So a person can accurately say both “my record is permanent” and “my old conviction no longer shows up,” because both are true at once.

Getting this straight changes how you plan. If you believe your record vanishes on a certain date, you may either worry needlessly about an old matter that no longer shows, or be blindsided when a spent conviction surfaces in one of the situations where the law still allows it. The accurate mental model is a permanent file with a curtain drawn across most of it after enough time, rather than an empty drawer.

When do convictions stop showing on a police check?

Once they become spent, which for most convictions happens automatically after a set period. Under the Spent Convictions Act 2021 (Vic), a conviction generally becomes spent after a conviction period of 10 years for an adult, or 5 years for a person who was under 21 at the time, provided there is no reoffending. Some convictions are spent immediately, including a finding of guilt where no conviction was recorded, infringement convictions, and some minor Children’s Court matters. The table below sets out when different convictions stop showing on a standard check.

Conviction typeWhen it stops showingOn standard checks
No conviction recorded, infringementImmediatelyNot disclosed
Ordinary adult convictionAfter 10 yearsNot disclosed once spent
Conviction when under 21After 5 yearsNot disclosed once spent
Serious convictionOnly by court orderMay always show

It is worth being clear about what a standard National Police Check actually shows in the meantime. Until a conviction is spent, it appears as a disclosable court outcome, which an employer can see and take into account, and once it is spent it drops from that view.

The catch is reoffending, because the conviction period only runs if you stay out of trouble, so a fresh offence can push the spent date back and keep an older conviction visible longer than you expected. Our guide on removing or sealing a criminal record in Victoria explains how the spent conviction scheme works in more detail.

Does a spent conviction mean your record is erased?

No, and this is the myth worth breaking. A spent conviction is not deleted, expunged, or wiped from existence. Victoria Police is explicit that the spent convictions scheme is not an expungement scheme, and that spent convictions remain available for law enforcement, the administration of justice, and other purposes required by law.

In plain terms, “spent” means hidden from most checks, not gone. This matters because people sometimes assume an old conviction has vanished entirely and are then surprised when it surfaces in a context where the law still allows it to be seen, a risk our guide on whether a caution or finding shows on a police check also highlights. The practical upshot is simple but important.

For ordinary life, a job application, a rental, or a volunteer role that does not involve children, a spent conviction generally does not have to be disclosed and will not appear, so you can move on. But you should never tell yourself the conviction has ceased to exist, because that assumption is exactly what leads people to answer a screening question wrongly and turn an old matter into a fresh problem. Knowing it is hidden, not gone, keeps you on the right side of disclosure.

Which convictions never stop showing?

Serious convictions can keep showing indefinitely, which is a hard but important limit. Convictions for serious offences, broadly certain sexual offences, serious violence offences, and matters attracting a sentence of imprisonment of more than 30 months, do not become spent automatically.

Some cannot be spent at all, particularly where an adult received a term of imprisonment for a sexual or serious violence offence, meaning those convictions may appear on checks for the rest of a person’s life. For anyone in this position, knowing the reality early is far better than assuming time alone will solve it, and it makes getting proper advice about the options genuinely worthwhile.

There is a logic to where the line is drawn. The offences that never fade from view are those the community treats as most serious and most relevant to future risk, which is why the scheme keeps them visible rather than letting time alone bury them. That does not mean nothing can ever be done, because in some cases a court can be asked to make a serious conviction spent, but it does mean the automatic drop-off that applies to ordinary convictions simply is not available.

When can a spent conviction still be disclosed?

More often than people expect, because the protection is not absolute. Even after a conviction is spent and hidden from ordinary employment checks, it can still be disclosed for a defined set of roles and purposes. These include working with children checks and child-related screening, teaching registration, disability and health worker roles, police and prison employment, firearms licensing, and immigration matters, as well as for law enforcement and court proceedings.

This is why a person with a spent conviction can still find it raised when applying for a firearms licence or a role working with vulnerable people. The spent conviction scheme protects everyday employment, not every situation, so it pays to know where the exceptions bite. The common thread across these exceptions is risk to others or the integrity of a trusted role.

A check for someone who will work with children, handle firearms, teach, or care for vulnerable patients is allowed to see more, because the stakes are higher, and immigration and law enforcement have their own reasons to access full history.

So a person can hold a clean-looking standard check for everyday purposes and still have a spent conviction considered the moment they step into one of these regulated areas, which is not a loophole but part of how the scheme was deliberately built.

What is the difference between spent and expunged?

Spent hides a conviction, while expungement actually erases it, and the two are often confused. Expungement is rare and narrow in Victoria, applying mainly to historical convictions for conduct that is no longer criminal, such as historical homosexual offences, which can be permanently removed from the record.

For almost everyone else, the relevant mechanism is the spent conviction scheme, which restricts disclosure rather than deleting anything. Because there is no general “clear your record” process that wipes an ordinary conviction, understanding which mechanism applies to you is important, and it is one reason a record can still affect things like travel overseas even years later.

Expungement is designed as a form of justice for people convicted under laws society has since rejected, which is why it is narrow and specific rather than a general escape hatch, so for an ordinary conviction the realistic goal is a spent status rather than erasure.

What should you do about your criminal record in Victoria?

Find out exactly what shows, rather than assuming. The most practical first step is to get a National Police Check so you can see what actually appears on a standard check today, then work out which of your convictions are spent, which are not, and where you might still have to disclose.

If you have a serious conviction, or a complicated history, understanding your real position is worth far more than guessing or hoping. If you want to know how long your criminal record will affect you in Victoria, or whether an old conviction is spent, confirm what still shows, so you understand what is protected and what, if anything, you can do about it, and so an old matter never catches you off guard in employment or a routine police check.

Scenario-based guidance

If you or a family member is in custody

Ask immediately about an urgent grant of legal assistance. Bail matters are treated as a priority and can move far faster than a standard 14 to 21 day assessment.

If you have an upcoming bail application

Legal Aid generally supports a bail application where there's a reasonable basis for it. Don't wait on paperwork alone, ask directly about urgent processing.

If your case feels complex or serious

Expect assessment to potentially take longer than the standard timeframe. Provide complete information upfront to avoid unnecessary delays in your application.

If you're not sure you'll qualify financially

The means test considers income, assets, and expenses together. Don't assume you won't qualify, submit your application with accurate, complete information.

If your application has already been refused

Ask specifically why it was refused, means, merits, or a procedural issue, and whether a review or further information could change that outcome.

If you just need advice on the day

A duty lawyer at court can help immediately, without the full grant process. This is separate from applying for longer-term legal aid representation.

Practical checklist

If you’re applying for legal aid for a criminal charge:
  • Confirm whether your matter is urgent, such as a bail application or upcoming custody hearing.
  • Gather documentation about your income, assets, and expenses in advance.
  • Gather details of your charge and any relevant court dates.
  • Ask directly whether an urgent grant process applies to your situation.
  • Don’t wait passively if your court date is approaching quickly.
  • Confirm whether duty lawyer help is available for your next court date.
  • Ask what happens to your court date while your application is being assessed.
  • Keep a record of when you submitted your application and any reference numbers.
  • If refused, ask specifically why, and whether a review is possible.
  • Consider getting advice from a private lawyer alongside your application if time is tight.

Common mistakes

  • Assuming every application takes the same standard timeframe.
  • Not asking about urgent processing for a bail or custody matter.
  • Submitting incomplete financial information, causing unnecessary delay.
  • Assuming a court date will automatically be pushed back during assessment.
  • Confusing duty lawyer help with a full grant of legal assistance.
  • Waiting passively instead of asking Legal Aid directly about your situation.
  • Assuming a refusal is always final and can't be reviewed.
  • Not confirming which lawyer, in-house or private, has been assigned to your matter.
  • Leaving an application until very close to an urgent court date.
  • Assuming legal aid is your only option if time is genuinely tight.

Questions to ask your lawyer

  • Does my matter qualify for an urgent grant of legal assistance?
  • What information do I need to provide for the means and merits tests?
  • How long is my specific application realistically likely to take?
  • What happens to my court date while my application is assessed?
  • Am I better served by duty lawyer help for my next court date?
  • If I’m refused, what are my realistic next steps?
  • Should I also speak with a private criminal defence lawyer given my timeframe?
  • What documentation should I gather now to avoid delays?
  • Who will actually represent me if my grant is approved?
  • What should I do if my situation changes while I’m waiting?

Frequently asked questions

A standard application generally takes about 14 to 21 days, depending on complexity. Urgent matters, particularly bail applications, can be approved much faster, sometimes within days.

A means test, assessing whether you can afford a lawyer yourself, and a merits test, assessing whether your case has reasonable prospects of a worthwhile outcome.

No. Duty lawyer help is free, immediate, same-day court assistance without the full grant process. A grant of legal assistance is a separate, longer-term approval.

Yes. Legal Aid generally supports bail applications with a reasonable basis quickly, sometimes granting assistance before all paperwork is fully finalised.

You may be able to seek a review or provide further information. Understanding exactly why it was refused, means, merits, or procedural, helps determine your next steps.

It can help, especially if your matter is urgent. Getting advice directly can clarify your options sooner rather than waiting passively for an assessment outcome.

Authorship

Written by

Lauren Tye

Principal Lawyer, Lauren Tye Legal
Criminal defence lawyer practising in Victorian criminal matters. Lauren advises and appears in matters across Victorian courts, including bail, pleas, contested hearings, diversion, and sentencing.

Legally reviewed by

Senior Counsel

Independent legal review · July 2026
Criminal defence lawyer practising in Victorian criminal matters. Lauren advises and appears in matters across Victorian courts, including bail, pleas, contested hearings, diversion, and sentencing.

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Need Advice on Your Specific Situation?

The information on this page is general and is not legal advice. Speak with a criminal defence lawyer about your matter before making decisions about police, court, bail, plea, or prosecution.