The Criminal Records (Clean Slate) Act 2004 is an Act of Parliament in
New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
administered by the
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry.
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Named "Ministry"
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. It allows for a
criminal record
A criminal record, police record, or colloquially RAP sheet (Record of Arrests and Prosecutions) is a record of a person's criminal history. The information included in a criminal record and the existence of a criminal record varies between coun ...
to be hidden from the public if the person is eligible.
At the time the act was passed, the Ministry of Justice estimated that it may be applicable to 500,000 people (an eighth of the country's population at the time), the majority of which committed a minor offence in their youth. In 2015 it was reported that just over 220,000 people have had their convictions wiped since the Act was introduced in 2004.
Eligibility
In order to be eligible under the Act a person must have:
* no convictions within the last 7 years;
* never been sentenced to a custodial sentence (e.g. imprisonment, corrective training,
borstal
A Borstal was a type of youth detention centre in the United Kingdom, several member states of the Commonwealth and the Republic of Ireland. In India, such a detention centre is known as a Borstal school.
Borstals were run by HM Prison Service ...
);
* never been ordered by a Court during a criminal case to be
detained in a hospital due to his/her mental condition, instead of being sentenced;
* not been convicted of a "specified offence" (e.g. sexual offending against children and young people or the mentally impaired)
* paid in full any fine, reparation or costs ordered by the Court in a criminal case;
* never been indefinitely disqualified from driving under section 65 of the
Land Transport Act 1998 or earlier equivalent provision.
In certain cases, a person cannot hide their past criminal record under the Act, such as when a person applies to work for the New Zealand Police or a job involving national security.
See also
*
Crimes Act 1961
*
New Zealand Police
The New Zealand Police ( mi, Ngā Pirihimana o Aotearoa) is the national police service and principal law enforcement agency of New Zealand, responsible for preventing crime, enhancing public safety, bringing offenders to justice, and maintai ...
References
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External links
Criminal Records (Clean Slate) Act- text of the Act
Ministry of Justice- Criminal Records (Clean Slate) Act 2004
Statutes of New Zealand
2004 in New Zealand law
Criminal records