KINGSTON, Jamaica — More Jamaican ex-convicts will be allowed a ‘clean slate’ under what has been billed by Justice Minister Delroy Chuck as one of the most liberal expungement regimes in the region.

Speaking at a post-Cabinet press briefing on Wednesday, Chuck announced that the Criminal Records (Rehabilitation of Offenders) (Amendment) Act, 2026 is now a law.

It establishes a two-stage framework for addressing the criminal records of rehabilitated persons. The first stage provides that, upon the expiration of the prescribed rehabilitation period, a qualifying conviction is automatically treated as “spent” and the individual is regarded in law as a rehabilitated person.

The second stage permits rehabilitated persons to apply to the Criminal Records (Rehabilitation of Offenders) Board for the expungement of the spent conviction from his or her criminal record. In considering such applications, the board must conduct its own enquiries and be satisfied that the applicant has, in fact, been rehabilitated and that the granting of expungement will not prejudice the interests of justice or national security (Section 23).

Chuck said the central objective of the amendments is to strengthen and modernise the expungement framework in Jamaica by expanding access in appropriate cases, clarifying the decision-making framework of the board, and increasing efficiency and fairness in the process.

Among the key reforms is the expansion of eligibility.

“A major reform is the empowerment of the board to consider applications for expungement where the sentence imposed was more than five years but not more than 10 years. So a person who got a conviction for even an expungeable offense but got six years could not be expunged because five years was the limitation now that person is eligible for expungement,” he said.

Under the amendment, the rehabilitation period for such offences will be 15 years after the individual has served their sentence. For persons under 18 at the time of the offence, the rehabilitation period will be eight years.

The Act also provides for the automatic expungement of certain non-custodial convictions where the sentence was imposed and completed prior to January 1, 2005 and the individual has not been convicted of another offence. In such cases, individuals will automatically benefit from expungement without being required to undergo the application process.

The amendments further remove certain offences from the Third Schedule, the list of offences for which convictions may not be expunged, thereby widening access in appropriate circumstances. Offences under the Dangerous Drugs Act have been removed, along with specified offences under the Malicious Injuries to Property Act and the Larceny Act, where they do not involve other scheduled offences.

“So all offences under the dangerous drug many of them committed 30, 40 years ago, they are now eligible for expungement once it can be demonstrated that they have had no other interaction with the law or tainted their character for the last 20 years they will now be eligible,” Chuck said.

However, he stressed that offences involving firearms will not be eligible for expungement at this time.

“I make this point because it is important to recognise we came under significant pressure to remove other offenses from the third schedule and to allow for example persons who have been convicted decades ago for illegal possession of firearm, use of firearm, robbery and shooting with intent and even though it was committed 30, 40 years ago in the present atmosphere where guns are used to commit many crimes to kill over seventy five per cent of our murders in Jamaica are committed with the use of an illegal gun it would be inappropriate at this time to to expunge any offense where a firearm is involved,” he said.

The Act also outlines, for the first time, clear criteria the board may consider when reviewing applications, including the nature and gravity of the offence, social enquiry and psychological reports, completion of rehabilitation programmes, evidence of remorse, restitution to victims, and whether the applicant has reoffended.

Additionally, the membership of the board will be expanded from three to five members to seven to nine members, with the intention to appoint nine members to improve efficiency and broaden representation.

“Rehabilitation is a cornerstone of justice. When individuals have served their sentence, demonstrated reform, and lived law-abiding lives for many years, they should not be indefinitely burdened by past mistakes,” Chuck said, adding that while some may argue the amendments do not go far enough, the Act remains under constant review.