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Criminal Records (Clean Slate) Act 2004

Clean slate scheme

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

You could also call this:

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

Illustration for Criminal Records (Clean Slate) Act 2004

You can apply to the District Court for an order to disregard your conviction. You must meet certain conditions, such as your last sentence being a custodial sentence for an offence that has been abolished. The court will consider your application and may make an order if they are satisfied with the conditions. You can also apply to the court if you were given a non-custodial sentence for a specified offence. The court may order that your conviction be disregarded for the purposes of the Clean Slate scheme. The court must balance your interests in keeping your criminal record private with the public interest in community safety. The court can ask for any information that will help them make a decision on your application. They must either make the order or decline it. The District Court can transfer your application to the High Court if they think it is necessary.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM293502.

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Topics:
Crime and justice > Courts and legal helpCrime and justice > Police and safety
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9: Individual may apply to District Court for order that rehabilitation period need not be completed, or

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

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11: Further application, or

"Applying again for a clean slate"

Part 2Clean slate scheme

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

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

  2. the last sentence imposed on the individual was a 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 custodial sentence.

        1. The court may, if satisfied of the matters in subsection (1)(a) to (c), make an order—

        2. that the individual need not complete a rehabilitation period for the purposes of section 7(1)(a); and
          1. that the custodial sentence for the offence must be disregarded for the purposes of section 7(1)(b).

            1. An individual who is otherwise eligible under section 7(1) may make an application to the District Court for an order under subsection (4) if a court imposed a non-custodial sentence on the offender for a conviction for a specified offence.

            2. The court may order that the conviction for the specified offence must be disregarded for the purposes of section 7(1)(d).

            3. In considering an application under this section, a court must balance the interests of individuals in concealing their criminal records against the wider public interest in the safety of the community (recognising that an awareness of an individual's previous convictions is appropriate in certain cases).

            4. Subject to any rules of court, a court may call for and receive as evidence any statement, document, information, matter, or thing that, in the court's opinion, may assist it to deal effectually with the application.

            5. On an application under subsection (1) or subsection (3), the court must either make the relevant order under subsection (2) or subsection (4) or decline to do so.

            6. The District Court may transfer an application under this section to the High Court if it considers that it is appropriate to do so.

            Notes
            • Section 10(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
            • Section 10(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
            • Section 10(8): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).