Clean Slate/ 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 in 2017?

Answer 2

Hon Amy Adams: rewriting criminal history

Question 3

1st Expungement Date

Answer 3

27th September 2018

Question 4

Grant Robertson: deceased

Answer 4

“give dignity in death to your relatives that this parliament did not allow them in life”

Question 5

What period is eligible?

Answer 5

Between 1908 and 1986

Question 6

Duncan Webb: Other offences

Answer 6

Such as loitering and indecent exposure were easier to convict, do we expunge those offences as well?

Question 7

How to go about a conviction being expunged

Answer 7

you need to apply first, not everyone will want the investigation though

Question 8

Step 1 Expungement:

Answer 8

Application made by eligible person or representative (ss 15-16)

Question 9

Step 2 Expungement:

Answer 9

Secretary can require ‘a person’ to provide written or oral information (s 17)

Question 10

Step 3 Expungement:

Answer 10

Secretary of Justice decides on the balance of probabilities that meets test (s 19)

Question 11

Expungement in Practise (Matt King; ex police officer)

Answer 11

Computer Screen; does it say the conviction and then expunged or does it say expunged or does it say nothing. If the criminal record when you pull it up says record expunged or just expunged every police officer knows what it means neither of those is true expungement, no privacy still.

Question 12

Chris Bishop: is expungement the correct approach

Answer 12

Laws based on morality, rewriting history removes stability of law, concept of what is acceptable changes

Question 13

What does expungement mean for the person? Do they have to disclose this information?

Answer 13

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

Question 14

Compensation?

Answer 14

no compensation, Select committee concluded outside of scope

Question 15

Pardon v Expungement

Answer 15

Never committed that conduct, where as with expungement they did break the law, therefore cannot be pardoned

Question 16

Exception to Clean Slate Act

Answer 16

Vulnerable Children’s Act - safety checks if working with children

Question 17

What is a clean slate?

Answer 17

After a period of 7 years, an individual does not have to disclose criminal convictions, subject to criteria being met, slate wiped clean automatically

Question 18

Eligibility under clean slate (6 things)

Answer 18

1. completed rehabilitation period
2. No custodial sentence
3. No order for Mental condition
4. Specified offence (approx. 30 sexual offences)
5. No outstanding fines, reparation etc
6. never been disqualified from driving indefinitely

Question 19

S9 exception: can apply to have clean slate before 7 year period is done

Answer 19

Havent been subject to custodial sentence: BUT offence has subsequently been abolished

Question 20

S10 exception: can apply to have clean slate before 7 year period is done

Answer 20

Have been subject to custodial sentence: BUT offence has subsequently been abolished

Question 21

Limits to scheme

Answer 21

Convictions imposed by NZ courts, and within NZ and only applies if person chooses to conceal

Question 22

Right to be forgotten; Wensor v Stuff ;Harmful Digital Communications Act

Answer 22

Stuff still had stories about his conviction, showing he was guilty even when he wasnt; you should have the right to be left alone

Question 23

Discharge without conviction: Clean Slate

Answer 23

Some Judges would use it as a reason to discharge without conviction or other way around