Conditions for ‘clean slate’
The ‘‘clean slate’’ law (Criminal Records Act 2004) will help you put your past behind you by giving you the right, in some circumstances, to withhold information about your convictions.
To do so you will have to meet a range of conditions to do with your convictions history.
You must meet all the conditions summarised below:
No convictions within the past seven years
Never been sentenced to a custodial sentence such as prison or corrective training
Never been ordered by a court following a criminal case to be detained in a hospital because of a mental condition, instead of sentencing
Not been convicted of a ‘‘specified offence’’, such as sexual offending against children and young people
Have paid in full any fine, reparation or costs ordered by the court in a criminal case
Never been indefinitely disqualified from driving under section 65 Land Transport Act
How do I know if I meet the conditions? Do I have to make an application? The scheme is automatic. This means you do not have to apply for ‘‘ clean slate’’ – it automatically happens if the conditions have been met.
You can, however, request a copy of your criminal record from the Privacy Assistant of the Ministry of Justice to see if you meet the conditions.
If you have met the conditions, the convictions will be concealed; if you do not meet the conditions, they remain on your record.
This means they will either appear or not appear on the copy of your criminal record.
You can get information about obtaining a copy of your criminal record and an application from the Ministry of Justice website ( justice. govt. nz), local court or from the Citizens Advice Bureau.
Porirua Citizens Advice Bureau is open Monday to Friday, from 9am till 4.30pm and open until 7pm on a Thursday.
On a Thursday night we have a lawyer from Whitireia Community Law Centre and a budgeter from Porirua Budget Service available in addition to a CAB volunteer to answer any of your questions or concerns.