Concealing Criminal Convictions
The Criminal Records Clean Slate Act 2004 enables you, provided you fit all of the criteria, to conceal your criminal convictions. Unfortunately you can’t wipe criminal convictions, they are with you for life. So if you are eligible under the clean slate scheme and you are asked about your criminal record, you can say that you do not have any criminal convictions (even though you do).
Am I eligible ?
In order to be eligible to conceal your criminal convictions pursuant to the Criminal Records Clean Slate Act ALL of the following criteria must be met:
- Within the last seven years you must not have had any convictions
- Fully paid all reparation, fines, or costs ordered by the court in a criminal case
- Never have been convicted of a “specified offence”. You should seek legal advice to check your previous convictions are not a specified offence precluding you from protection under this Act.
- Never have been ordered by a court to be detained in a hospital due to your mental condition, following a criminal case,instead of being sentenced.
- Under section 65 of the Land Transport Act 1998 or any earlier equivalent provision under previous legislation never have been indefinitely disqualified from driving
- Never have been sentenced to a custodial sentence (eg jail)
How Do I Apply ?
You don’t apply, you don’t have to do anything, if you meet all of the above criteria the criminal records clean slate scheme automatically applies to you. However if you re-offend you won’t be able to use this Act to protect yourself.
Who can’t rely on the criminal records clean slate scheme?
Sometimes, even if you are eligible to conceal your criminal convictions under the clean slate scheme, you will still have to disclose your criminal convictions for example when applying for certain types of jobs like a police officer or a prison guard.
This Law Only Applies Within NZ
The criminal records clean slate Act only applies to internal matters within the boarders of New Zealand. A sovereign country cannot impose its laws upon another sovereign state, so the criminal records clean slate Act does not apply when you are dealing with the laws of another country.
If you intend to travel overseas, each country’s laws are different. If you are asked when entering another country at the border or applying for a visa you must disclose your criminal record to their authorities.
There are some other exceptions which may apply to you resulting in your inability to conceal your convictions under the Act, such as sexual offences.
If you are not certain as to whether or not you are entitled to conceal your convictions call me on 021 029 64279 now
Copyright (c) 2014 Naomi Cramer criminal lawyer auckland