Lower House approves bill to widen access to expungements

 

The bill to amend the Criminal Records (Rehabilitation of Offenders) Act will move to the Senate after it was approved in the House of Representatives on Tuesday. 

 

The debate on the bill began in October 14, which among other things seeks to widen access to expungement in potentially deserving cases. 

 

Among the provisions of the bill is an increase in the sentence threshold for eligibility for expungement from five years to 10 years. 

 

This allows the Criminal Records (Rehabilitation of Offenders) Board to consider applications from persons who served the sentences of more than five, but not more than 10 years, thereby widening access to expungement.

 

Clause 9 of the bill amends a Section 28A of the Act and introduces automatic expungement for certain old, non-custodial convictions, specifically offences with non-custodial sentences imposed and satisfied before January 1, 2005, where the individual has not been convicted of another offence. 

 

This provision recognises that persons with minor, dated convictions should not have to bear that burden for life, as well as to have to undergo the expungement process to clear their names. 

 

During the closing of the debate in the House on Tuesday, Minister of Justice and Constitutional Affairs Delroy Chuck responded to a suggestion from opposition member Zuleika Jess for the minister to allow for the automatic expungement of offences that carry a sentence of less than five years. 

 

Minister Chuck said such action is not appropriate at this time. 

 

"It is important to note that the feature of the expungement board's process in determining the deservedness of an individual is conducting a social inquiry report so as to determine whether that person is truly rehabilitated and not likely to reoffend. The proposal to automatically expunge those custodial offences is not supported as it would allow persons who may not be truly rehabilitated to slip through the cracks, which would not be the case in the circumstances where they are required to apply to the board for expungement," he explained.