JUSTICE Minister Delroy Chuck has confirmed recent indications by two Cabinet officials that the Government will be widening the category of offences for which individuals convicted for crimes in the past can receive expungemment.

Expungement is having a conviction removed from one’s criminal or police record after a specific period of time has elapsed and after certain requirements have been met. The statute which authorises the expungement of criminal records is the Criminal Records (Rehabilitation of Offenders) Act, 1988. The principle underlying this provision is that a person who has made a sincere and successful attempt to be law-abiding should be given the opportunity to start afresh without being haunted by an unfortunate past.

Last week Prime Minister Andrew Holness and National Security Minister Dr Horace Chang, during a town hall meeting in Montego Bay, said the expansion of the category was being mulled.

The justice minister, under whose purview the matter would fall, in responding to queries by the Jamaica Observer said the justice ministry has already taken steps in that direction.

“The MOJ is proposing to widen the categories of offences that will be available for expungement so persons who have completed their sentence and live a lengthy crime-free period in the community should be eligible for expungement,” he told the Observer.

Dr Chang, speaking at the event last Thursday, had said Minister of Legal and Constitutional Affairs Marlene Malahoo Forte has brought several cases to his attention.

“There were some changes to the law in 2014 which affected a number of individuals with minor prosecution and conviction; the law was changed to prevent expungement. The minister has brought a number of them to my attention; we can look at reversing those activities. They have been brought to my attention and I have a number of people who are genuinely in need of expungement,” Dr Chang said then.

He was responding to a query from a resident of Hendon in the parish who wanted to know how a Jamaican with a crime on record that cannot be expunged could qualify for a job or homeownership.

Dr Chang, further in his response, noted that there will be some reversals but said not all would be pardoned.

Minister Malahoo Forte, in addressing the issue during the forum, said: “We know that there are many people who have run afoul of the law and, over time, have turned around their lives; and we also know that we are suffering from a serious crime problem in the country and employers want to know the history of the people they are employing. But for anyone who has committed an offence that is not on the list for expungement and you have really turned your life around, I would suggest that you apply for a pardon through the Office of the Governor General.”

There are specific offences that the Criminal Records Rehabilitation of Offenders Act clearly specifies cannot be expunged at this time, including murder and offences in relation to rape, distribution of child pornography, carnal abuse with a person under 16, and sex with a person under 16. There are also issues in relation to firearm possession and ammunition that are not eligible for expungment at this time. Offences such as the import and export of narcotics (example cocaine and marijuana), and some offences under the Malicious Destruction of Property Act, such as arson, cannot be expunged under the current law.

In order to qualify for expungement, two essential conditions must be satisfied — the offence in question must be one which attracts a non-custodial sentence or sentence of imprisonment not exceeding five years, and the person in question must not have had any other convictions during a specified period of time (referred to as the rehabilitation period).

The rehabilitation period defines the length of time that a person must wait before an application can be made for the expungement of a conviction. This period varies according to the sentence imposed by the court and ranges from a minimum of three years for non-custodial sentences to a maximum of 10 years for custodial sentences. The rehabilitation period is calculated from the date of the expiration of the term of imprisonment (in the case of custodial sentences), and in other cases upon the satisfaction of the court’s sentence.

An offender cannot apply for an expungement until the relevant rehabilitation period has expired. The sentence imposed by the court will determine the rehabilitation period that must elapse.