THE House of Representatives on Tuesday approved amendments to the Criminal Records (Rehabilitation of Offenders) Act, expanding access to expungement in potentially deserving cases.

Minister of Justice and Constitutional Affairs Delroy Chuck underscored the need to relax certain provisions of the Act, thereby allowing more individuals convicted of offences the opportunity for a second chance.

Chuck urged members of the Lower House to support the Bill, noting its major reforms will provide hundreds of thousands of individuals with the opportunity to have their convictions expunged.

The minister explained that expungement is intended for individuals who have demonstrated that they have moved beyond their past offences.

Among the provisions of the Bill is Clause Two, which amends Section Three to increase the sentence threshold for eligibility for expungement from five years to 10 years.

The provision empowers the Criminal Records Rehabilitation of Offenders Board to consider applications from individuals who served sentences of more than five years but not exceeding 10 years, thereby broadening access to expungement in potentially deserving cases.

Clause Eight establishes a non-exhaustive list of factors that the board may consider when assessing an application.

These include the nature and gravity of the offence, social enquiry and psychological reports, demonstrated remorse or restitution, and the age of the individual at the time of the offence. This framework ensures that the board’s decisions are grounded in transparency, fairness, and clear evidence of rehabilitation.

Clause Nine amends Section 28A to introduce automatic expungement for certain old, non-custodial convictions. Specifically, it applies to offences with non-custodial sentences imposed and satisfied before January 1, 2005, where no subsequent conviction has occurred.

This provision acknowledges that individuals with minor, dated convictions should not be required to carry that burden indefinitely, nor undergo the expungement process to clear their record.

Clause 12 amends the list of offences excluded from expungement, removing certain minor property offences as well as offences under the Dangerous Drugs Act.

This aligns with the example set in The Bahamas and reflects the broader international shift towards recognising the redeemability of individuals.