Questions about clearing of a person’s Criminal Convictions

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April 19, 2016
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Questions about clearing of a person’s Criminal Convictions

There have been lots of queries relating to how and why a person’s Police record can or cannot be ‘cleared” by the Commissioner of Police. Without focusing on an individual, the Ordinance sets out the criteria for rehabilitation. It may be that the offences on an individual’s conviction sheets are offences that fall under the rehabilitation criteria.

Why is someone entitled to have their record wiped?

Once you’ve served your time or other penalty for a criminal conviction, you’d probably like to leave it all behind you. Unfortunately, life doesn’t always work that way. Criminal convictions tend to follow you around wherever you go, making it hard to get on with your life. Fortunately, there is hope. Rehabilitation by being a lawful citizen is a way to clear your record so that your criminal conviction is effectively wiped away, allowing you to get a fresh, clean start in your life.

Can All Criminal Convictions Be cleared?

Unfortunately, no. The purpose of this exercise is to give individuals who may have made an unfortunate mistake a second chance. However, there are some circumstances or offenses where the law states that an individual is not entitled to such a chance.

Circumstances Where it is not likely to qualify

Circumstances which may affect your chance of qualifying include reoffending but each case has to be looked at on its own merits.

Offenses That Do Not Qualify

If you have been convicted and sentenced to imprisonment for life (such as Murder) or have been sentenced to a term of imprisonment exceeding three years (such as Rape, Robbery, Manslaughter); you will not qualify.

Does the Commissioner of Police has any discretion in any circumstances?

The law is quite prescriptive and the Commissioner is bound to apply the tests laid down by the law.

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