Government proposes ‘second chance’ reform for criminal records to be cleaned earlier

Government has issued a White Paper proposing a range of reforms to give a second chance to offenders, one of which being that certain crimes on imprisoned peoples’ criminal records would not appear in half the time they currently wait once they have served their sentence.

Named ‘Giving Second Chances’, and one of the Government electoral pledges, Justice Minister, Jonathan Attard, and Parliamentary Secretary for Reforms, Rebecca Buttigieg, explained the reforms.

Buttigieg said that the reform is not a ‘carte blanche’ and assured that certain crimes will not be eligible for removal from criminal records, being homicide, femicide, crimes against humanity, slander and perjury, recidivism in drug trafficking, recidivism in theft and recidivism in fraud.

Crimes against Government security will also not be removed from the police conduct. She said that serious offenses will remain registered in the criminal record.

The main element of the reform is that individuals who serve their sentence, and have therefore paid for their mistake, will be able to request an additional certificate of conduct that includes a behaviour report and the programs that the person had followed while serving the sentence to be rehabilitated.

This will be issued by a board composed of police representatives, the correctional facility, the Justice Ministry and the Parole Board. If the individual commits another crime, this certificate would be revoked immediately.

The length of time a crime appears on the criminal conduct will depend on its seriousness and court sentence.

Currently, prison sentences with convictions of more than 10 years are removed from the conduct sheet 10 years after the sentence would have been served. This will be halved to five years.

Those sentences with a conviction of less than six months will be removed after three months instead of the current six. A conviction of a less than a year which are currently removed after one year, will be removed after 6 months.

Sentences with a conviction of between one to five years, which are currently removed after three years of serving it, will be removed after two years with the reform.

“It is regrettable to see individuals who have reformed and rehabilitated themselves, with their will and determination, and with the help of agencies, foundations, organizations and associations, still facing closed doors when reintegrating into the workforce”, Attard said.

Buttigieg said that the reforms should serve to ensure that employers has a clear picture of their applicants, and at the same time, it will serve as an incentive for individuals in prison to follow the programs offered to them by the Correctional Services Agency and NGOs working in this field.

She appealed to associations and the public to participate with their ideas and proposals in the public consultation, which closes on 29 May 2024.