Criminal Records (Clean Slate) Act 2004

Clean slate scheme - Effect of clean slate scheme on controlling public offices that hold or have access to criminal records

16: Effect of clean slate scheme on controlling public offices, employees, and contractors

You could also call this:

"What happens to your criminal record if you work with the government?"

Illustration for Criminal Records (Clean Slate) Act 2004

If you work in a public office, or for someone who does, you must not share an eligible individual's criminal record with others, except to the individual themselves. You can only use their criminal records for purposes allowed by this Act. There are some exceptions to this rule, which are outlined 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=DLM293510.

This page was last updated on 11 December 2025 — View changes

Topics:

Crime and justice > Criminal lawGovernment and voting > Government departmentsRights and equality > Privacy

15: Responsibility of chief executives, or

"Chief executives must keep some criminal records secret"

17: Offence to unlawfully disclose information required to be concealed, or

"Keeping criminal records secret: it's an offence to share them without permission"

Part 2Clean slate scheme
Effect of clean slate scheme on controlling public offices that hold or have access to criminal records

16Effect of clean slate scheme on controlling public offices, employees, and contractors

A controlling public office, or an employee or contractor of a controlling public office, that holds or has access to criminal records and that is responding to a request for the disclosure of an eligible individual's criminal record or any information about an eligible individual's criminal record (other than from the eligible individual to whom the request relates) must not disclose the criminal record of the eligible individual.
A controlling public office, or an employee or contractor of a controlling public office, that holds or has access to the criminal records of eligible individuals may not use those criminal records other than for a purpose authorised under this Act.
Subsection (1) is subject to the exceptions in section 19.

Notes

Section 16 heading: amended, on 10 April 2018, by section 24(2) of the Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 (2018 No 7).
Section 16(1): amended, on 10 April 2018, by section 24(2) of the Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 (2018 No 7).
Section 16(2): amended, on 10 April 2018, by section 24(2) of the Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 (2018 No 7).