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Criminal Records (Clean Slate) Act 2004

Clean slate scheme - Effect of clean slate scheme on eligible individual

14: Effect of clean slate scheme on eligible individual

You could also call this:

"What happens to your criminal record if you're eligible for a clean slate?"

Illustration for Criminal Records (Clean Slate) Act 2004

If you are an eligible individual, you are treated as having no criminal record when someone asks about it. You can say you have no criminal record when asked about it. You can still choose to tell someone about your criminal record if you want to. You can only say you have no criminal record in certain situations. If you are outside New Zealand, or if the question is about a law from another country, the rules are different. There are also some exceptions to these rules, which are explained in section 19.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM293507.

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Topics:
Crime and justice > Criminal law
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Part 2Clean slate scheme
Effect of clean slate scheme on eligible individual

14Effect of clean slate scheme on eligible individual

  1. If an individual is an eligible individual, he or she is deemed to have no criminal record for the purposes of any question asked of him or her about his or her criminal record.

  2. An eligible individual may answer a question asked of him or her about his or her criminal record by stating that he or she has no criminal record.

  3. Nothing in subsection (1) or subsection (2)—

  4. prevents an eligible individual stating that he or she has a criminal record, disclosing his or her criminal record, or consenting to the disclosure of his or her criminal record; or
    1. authorises an individual to answer a question asked of him or her about his or her criminal record by stating that he or she has no criminal record if the question is asked—
      1. under the jurisdiction of the law of a foreign country while an eligible individual is outside New Zealand; or
        1. while he or she is in New Zealand but relates to a matter dealt with by the law of a foreign country (for example, a question asked on an application form by the immigration or customs agency of a foreign country).

        2. Subsections (1) and (2) are subject to the exceptions in section 19.