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Criminal Records (Clean Slate) Act 2004

Clean slate scheme

7: Who is eligible under clean slate scheme

You could also call this:

"Who can hide their criminal record under the clean slate scheme?"

Illustration for Criminal Records (Clean Slate) Act 2004

You are eligible under the clean slate scheme if you have finished a rehabilitation period since your last sentence or order. You must not have had a custodial sentence imposed on you. You must not have had certain orders made about you, such as those under section 34(1)(b) of the Criminal Procedure (Mentally Impaired Persons) Act 2003. You must not have been convicted of a specified offence and you must have paid any fines or reparation in full. You must have paid any costs or compensation ordered by the court under section 106, section 108, or section 110 of the Sentencing Act 2002. You must not have had certain orders made about you, such as those under section 65 of the Land Transport Act 1998 or section 30A of the Transport Act 1962. If you have had a disqualification order made about you, having it removed does not make you eligible for the clean slate scheme, even if it is removed under section 100 of the Land Transport Act 1998 or section 30C of the Transport Act 1962.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM280899.

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Topics:
Crime and justice > Criminal lawCrime and justice > Victim support
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6: Application of clean slate scheme, or

"What happens when someone asks about your criminal record"

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8: Effect of further conviction on eligibility, or

"Losing eligibility if you get another conviction"

Part 2Clean slate scheme

7Who is eligible under clean slate scheme

  1. An individual is eligible under the clean slate scheme if—

  2. he or she has completed a rehabilitation period since the date on which a sentence was last imposed, or a specified order was last made, as a result of a conviction for an offence, or he or she is an individual in relation to whom an order has been made under section 9 or section 10(2); and
    1. no custodial sentence has ever been imposed on him or her; and
      1. no order has ever been made in relation to him or her under section 34(1)(b) of the Criminal Procedure (Mentally Impaired Persons) Act 2003, section 118 of the Criminal Justice Act 1985, or section 39J of the Criminal Justice Act 1954 (being an order imposed, instead of passing sentence, that the offender be treated or cared for in a manner that the offender's mental impairment requires, either in the offender's interest, or for the safety of the public, or for the safety of a person or class of person); and
        1. he or she has not been convicted of a specified offence; and
          1. in the case of a court having imposed a sentence of a fine or reparation on the individual, the amount owing has been paid in full or has been deemed to have been remitted; and
            1. in the case of a court having ordered the individual to pay costs or compensation under section 106, section 108, or section 110 of the Sentencing Act 2002 (or a corresponding provision of an earlier enactment), the amount owing has been paid in full or has been deemed to have been remitted; and
              1. no order has ever been made about him or her under section 65 of the Land Transport Act 1998 or under section 30A of the Transport Act 1962.

                1. An individual in relation to whom a disqualification order has been made under either of the sections referred to in subsection (1)(g) does not become eligible to have the clean slate scheme apply to him or her as a consequence of the Director removing, or having removed, the disqualification under section 100 of the Land Transport Act 1998 or section 30C of the Transport Act 1962.

                Notes
                • Section 7(1)(g): replaced, on , by section 110(1) of the Land Transport Amendment Act 2017 (2017 No 34).