Clean Slate and Expungement Flashcards
Sections eligible for expungement?
141, 142, 146, 1961 (Crimes Act) 153, 154 (1908 Crimes act)
Which minister of justice introduced expungement?
Hon Annie Adams in (2017)
First expungement date?
September 2018.
Grant Robertson Apology.
“Important to give the dignity in death to your relatives that parliament did not allow in life”
What period is elidable for expungement?
1908 to 1986.
Duncan Webb: other offences.
Such as loitering and indecent exposure, do be expunge those as well.
Why the bill is important- Forster Bell:
Has a practical effect by removing explanation of criminal convictions that are no longer valid.
Step 1: Process of expungement.
Application made by eligible person it representative.
Step 2: Process of expungement
Secretary can require a person to provide written or oral information (s17)
Step 3: Process of expungement
Secretary of decides on the balance of probabilities that it meets test
Expungement in Practice best effect?
Convicted person is not required to disclose expunged conviction for any purpose,
Expungement in Practice worst effect
Leaves “expunged” on the CMS, “undesirable to remove from CMS as intended to provide full record of all court activity”.
Chirs Bishop history view
Rewriting history removes the history of the law.
Compensation?
No compensation, the select committee said it was outside the scope.
Expungement v Pardon: Andrew Little:
There is a difference: They still committed the offence, therefore no pardon.
Exception to the clean slate act?
Vulnerable children, full safety, can look it up in CMS.
What is a Clean slate?
After 7 years you do not have to disclose your conviction
Justice DEP website nobody can see your records unless?
- Get another conviction
- don’t fully pay a court ordered fine
- get permanently banned from driving
Not eligible for clean slate if?
- Sentence was incarceration
- Has not finished rehab program
- Plea of insanity
- Specific sexual offence
Section 9 exception?
Haven’t been subject to custodial sentence and the offence as been abolished.
Section 10 exception
Have been subject to a custodial sentence and the offence has been abolished.
Limitation of Clean Slate.
Individual can choose not to conceal.
Wensor v Stuff: Right to be forgotten?
Harmful digital communications act. Stuff still had details of guilt on non guilty offender. Have the right for that to be removed.
Judges relationship with clean slate?
Judges sometimes see clean slate as a way to discharge without conviction even though they convict, because ot gets wiped.
