By what authority is a Criminal Record Expunged?

The Rehabilitation of Offenders Act, 2008 authorizes the expungement of a Criminal Record.

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 his/ her past.

What is Expungement of Criminal Records?

Expungement is essentially having a conviction removed from one’s police record after a specific period of time has elapsed.

How do I qualify for Expungement?

In order to qualify for expungement, two essential conditions must be satisfied:

1. The person in question must have completed the rehabilitation period.
2. The person in question must not have been convicted during the specified period of time referred to as the “Rehabilitation Period.”
3. The person must was not convicted one of the Excepted Offences under the First Schedule of the Act, which are not eligible for being expunged.

What is a Spent Conviction?

A spent conviction is a conviction that no longer has any effect. Spent convictions do not appear on a police records check and do not have to be disclosed when questions are asked about a person’s criminal history.  Certain convictions will become spent if there has been no re-offending within the specified time period. Convictions can also become spent if it is quashed by a court or a pardon is granted by the prerogative of mercy.

What is the Rehabilitation Period?

The Rehabilitation Period is simply the period that a person must wait before an application can be made for the expungement of a conviction. This Period varies according to the type of offence in the first instance. 

When is an individual considered to be a Rehabilitated Person?

A person shall not be considered to be a rehabilitated person until he/she has served or otherwise undergone or complied with any sentence imposed on him\her with respect to that conviction.

When is the Rehabilitation Period calculated?

The Rehabilitation Period is calculated from the date of the expiration of the term of imprisonment and in other cases upon the satisfaction of the Court’s sentence.

When can an individual apply for Expungement of a Criminal Conviction?

A convicted person cannot apply for an expungement until the relevant Rehabilitation Period has expired. (See the table below for the applicable rehabilitation periods.)

Rehabilitation Period Scale

Early Rehabilitation – Young or First Time Offenders

Who is a Young offender?

An individual who at the date of the conviction was under the age of 21 twenty-one years.

Who is a First Time Offender?

An individual who at the date of their application to the Committee has been convicted of one criminal offence that is capable of rehabilitation under the Act.

Benefits of Expungement of Criminal Record

1. Getting a job
2. Personal Satisfaction/ Peace of Mind
3. Pursuing Greater opportunities
4. Acceptance in Society
5. Getting a Loan etc.

Expungement of a criminal conviction is an excellent way for you to put the past behind you and close a chapter on a past error or mistake.