Clean Slate and Expungement

Question 1

Sections eligible for expungement?

Answer 1

141, 142, 146, 1961 (Crimes Act) 153, 154 (1908 Crimes act)

Question 2

Which minister of justice introduced expungement?

Answer 2

Hon Annie Adams in (2017)

Question 3

First expungement date?

Answer 3

September 2018.

Question 4

Grant Robertson Apology.

Answer 4

“Important to give the dignity in death to your relatives that parliament did not allow in life”

Question 5

What period is elidable for expungement?

Answer 5

1908 to 1986.

Question 6

Duncan Webb: other offences.

Answer 6

Such as loitering and indecent exposure, do be expunge those as well.

Question 7

Why the bill is important- Forster Bell:

Answer 7

Has a practical effect by removing explanation of criminal convictions that are no longer valid.

Question 8

Step 1: Process of expungement.

Answer 8

Application made by eligible person it representative.

Question 9

Step 2: Process of expungement

Answer 9

Secretary can require a person to provide written or oral information (s17)

Question 10

Step 3: Process of expungement

Answer 10

Secretary of decides on the balance of probabilities that it meets test

Question 11

Expungement in Practice best effect?

Answer 11

Convicted person is not required to disclose expunged conviction for any purpose,

Question 12

Expungement in Practice worst effect

Answer 12

Leaves “expunged” on the CMS, “undesirable to remove from CMS as intended to provide full record of all court activity”.

Question 13

Chirs Bishop history view

Answer 13

Rewriting history removes the history of the law.

Question 14

Compensation?

Answer 14

No compensation, the select committee said it was outside the scope.

Question 15

Expungement v Pardon: Andrew Little:

Answer 15

There is a difference: They still committed the offence, therefore no pardon.

Question 16

Exception to the clean slate act?

Answer 16

Vulnerable children, full safety, can look it up in CMS.

Question 17

What is a Clean slate?

Answer 17

After 7 years you do not have to disclose your conviction

Question 18

Justice DEP website nobody can see your records unless?

Answer 18

1. Get another conviction
2. don’t fully pay a court ordered fine
3. get permanently banned from driving

Question 19

Not eligible for clean slate if?

Answer 19

1. Sentence was incarceration
2. Has not finished rehab program
3. Plea of insanity
4. Specific sexual offence

Question 20

Section 9 exception?

Answer 20

Haven’t been subject to custodial sentence and the offence as been abolished.

Question 21

Section 10 exception

Answer 21

Have been subject to a custodial sentence and the offence has been abolished.

Question 22

Limitation of Clean Slate.

Answer 22

Individual can choose not to conceal.

Question 23

Wensor v Stuff: Right to be forgotten?

Answer 23

Harmful digital communications act. Stuff still had details of guilt on non guilty offender. Have the right for that to be removed.

Question 24

Judges relationship with clean slate?

Answer 24

Judges sometimes see clean slate as a way to discharge without conviction even though they convict, because ot gets wiped.