The Criminal Records (Clean Slate) Act 2004 introduced a clean slate scheme. Under the Act, an individual is legally deemed to have no criminal record and he or she need not disclose convictions if all of the following criteria are satisfied, except as provided in section 31(3) ofthe Vulnerable Children Act 2014.
CRITERIA
1. The individual has not committed any offence within seven consecutive years of being sentenced for the offence, and
2. The individual did not serve a custodial sentence* for the offence (this would exclude serious offences such as murder, manslaughter, rape and causing serious bodily harm), and
3. The offence was not a specified offence (specified offences are in the main sexual in nature), and
4. The individual has paid any fine or costs in full.
* Custodial sentences include a sentence of preventative detention and corrective training. Non-custodial sentencesincludefines,reparation orders, community-based sentences and suspended sentences.
EFFECT OF THIS LEGISLATION
The effect ofthislegislation is that an individual who fulfils all ofthe above criteria can state that he or she has no criminal record in response to questions. If an individual only fulfils some of the criteria he or she is not eligible under the scheme.
EXAMPLES
Person A was convicted of an assault ten years ago and received a community-based sentence. Person A has not committed any offence since that time. Person A is eligible under the scheme.
Person B was convicted oftheft three years ago and received a fine which was paid. Person B is not eligible under the scheme as seven years have not lapsed since the date of conviction.
POLICE VETTING
Printoutsfrom the police computer will notreveal an individual's criminal record if all of the above criteria are fulfilled.