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Criminal Records (Clean Slate) Act 2004

Clean slate scheme

9: Individual may apply to District Court for order that rehabilitation period need not be completed

You could also call this:

"You can ask the court to end your rehabilitation period if the law you broke is no longer a crime."

Illustration for Criminal Records (Clean Slate) Act 2004

You can apply to the District Court for an order that says you do not have to complete a rehabilitation period. You can do this if you were given a non-custodial sentence for an offence that is now abolished. The act that was against the law when you were sentenced is no longer against the law and you are no longer subject to the sentence. You must provide evidence that the offence is abolished and you are no longer subject to the sentence. If you provide this evidence, the court will make an order that says you do not have to complete a rehabilitation period for the purposes of section 7(1)(a). This means you can apply for a clean slate under the Clean Slate scheme without completing the rehabilitation period.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM293501.

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8: Effect of further conviction on eligibility, or

"Losing eligibility if you get another conviction"

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10: Individual may apply to District Court for order that rehabilitation period need not be completed or conviction be disregarded, or

"You can ask the court to hide your criminal record if you meet certain conditions."

Part 2Clean slate scheme

9Individual may apply to District Court for order that rehabilitation period need not be completed

  1. An individual who is otherwise eligible under section 7(1) may make an application to the District Court for an order under subsection (2) if—

  2. the last sentence imposed on the individual was a non-custodial sentence as a result of a conviction for an offence; and
    1. that offence has subsequently been abolished and the act that constituted the abolished offence no longer constitutes an offence; and
      1. he or she is no longer subject to the non-custodial sentence.

        1. If an application is made to the District Court under subsection (1), a registrar must make an order that an individual need not complete a rehabilitation period for the purposes of section 7(1)(a) if the applicant provides evidence of the matters in subsection (1)(a) to (c).

        Notes
        • Section 9(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 9(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).