‘Not worth having a criminal conviction’

WESTERN BUREAU:

Justice and Constitutional Affairs Minister Delroy Chuck has cautioned Jamaicans that it is far better to avoid criminal convictions than to rely on the recent passage of the Criminal Records (Rehabilitation of Offenders) Act to clear their records.

Speaking at the commissioning of 28 new justices of the peace in St James last Friday, Chuck said that while the new law expands eligibility for expungement under certain conditions, the process remains lengthy and demanding.

“When you have a criminal record, expungement is not a right. It is just that you are eligible for it,” said Chuck. “We have to check the criminal records, we have to get a social inquiry report in many cases, and it could take at least six months before an expungement is approved. It is not worth it to have a criminal conviction, even though it might be a minor crime.”

He explained that before any record can be cleared, the Criminal Records Office must verify that the offence cited is the individual’s only conviction.

While welcoming the broader reach of the legislation, Chuck said he hopes it will also serve as a deterrent.

“What is important is that more persons will be eligible for expungement, but I am hoping that they will also take the opportunity to let others throughout Jamaica know that having a conviction is not a good thing, and it is frustrating and difficult to get an expungement,” added Chuck.

The Criminal Records (Rehabilitation of Offenders) Act was approved last Friday, January 30, and is intended to give rehabilitated individuals a second chance by allowing certain criminal records to be expunged, improving access to employment and opportunities such as overseas residency.

During the Senate debate on the legislation, it was noted that the Criminal Records Rehabilitation of Offenders Board cannot consider applications where the sentence imposed exceeds five years’ imprisonment. Offences excluded include vehicular manslaughter, breaches of the Malicious Injuries to Property Act, and offences under the Larceny Act.

Chuck also disclosed that lawmakers had urged him to include provisions allowing persons convicted of drug trafficking to apply for expungement after a minimum of 10 years.

“The Expungement Act will widen the number of offences that can be expunged,” he said. “Members of parliament in St James urged me to make sure that after at least 10 years, persons convicted for drug trafficking can be eligible for expungement – not that they will automatically get it, but they can apply. A social inquiry report may well be done to show that over the last 10 years and more, they have put crime behind them.”

He noted that many Jamaicans involved in drug trafficking during the 1980s and 1990s have since become law-abiding citizens, citing a recent case in which a woman sought assistance to clear her record to obtain a work permit overseas.

“What she did could be expunged,” Chuck said, “but I told her the process has to go through.”

christopher.thomas@gleanerjm.com