NATIONAL Security Minister Dr Horace Chang says another category of offences which do not at this time qualify for expungement is being considered.

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.

Speaking at a town hall meeting hosted by the Office of the Prime Minister in Montego Bay on Thursday, Dr Chang 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.

The minister 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, in his reponse, noted that there will be some reversals but said not all would be pardoned.

“There is a very successful young lady, a teacher who is at a senior level now, but as a teenager she was caught in the drug mule business; she was taking a package of marijuana, but when the law was changed she cannot get expungement. She has now returned to Jamaica, she paid her fine, and is now a successful professional. We would look at changing that aspect, but not all of them in question. There are some that would remain inexpungible,” he stated.

Prime Minister Andrew Holness, commenting on the question while noting that it was a difficult one, said: “It is something the Government is amenable to looking at in a positive way.”

Justice Minister Delroy Chuck, whose ministry is crucial to any discussion on expungement, could not be reached Friday.

Marlene 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.