Criminal Records (Clean Slate) (Additional Eligibility) Amendment Bill

Criminal Records (Clean Slate) (Additional Eligibility) Amendment Bill EXPLANATORY NOTE GENERAL POLICY STATEMENT This Bill expands the class of people who are eligible for the clean slate scheme with regard to their criminal record after 10 years of lawful behaviour. The people who are currently not eligible, who will become so, are individuals who have had a custodial sentence of up to 12 months, provided they have completed a 10 year “rehabilitation period” (meaning they have not reoffended) since their custodial sentence ended and individuals who have been subject to mandatory disqualification from driving for repeat offences, provided that they too have completed a 10 year rehabilitation period. Currently many of these former offenders struggle to find well paid work, and are repeatedly further punished for historical offending, despite having long ago changed their behaviour. This will encourage those who have offended (often in their youth, and/or when under the influence of addiction to drugs such as alcohol) to rehabilitate by rewarding sustained law abiding behaviour. It will be the light at the end of the tunnel for many people. It allows for a fresh start, which practically will mean such individuals can look forward to getting out of low wage and precarious work which can bring many of our most vulnerable families out of poverty. CLAUSE BY CLAUSE ANALYSIS Clause 1 is the Title clause. Clause 2 is the commencement clause and provides for this Bill to come into force on the day after Royal assent. Clause 3 identifies the Criminal Records (Clean Slate) Act 2004 as the Act being amended by the Bill (the principal Act ). Clause 4 inserts transitional provisions into the principal Act relating to the changes made by this Bill. Clause 5 inserts a new section 7A into the principal Act to provide for additional eligibility under the clean slate scheme in respect of individuals who would otherwise be ineligible under section 7(1). This additional eligibility extends to individuals who have had a custodial sentence of up to 12 months, provided that they have completed a 10 year rehabilitation period since their custodial sentence ended; and to individuals who have been subject to mandatory disqualification from driving for repeat offences, provided that they have completed a 10 year rehabilitation period since their disqualification ceased to have effect. Clause 6 inserts a new Schedule 1 into the principal Act to provide for the transitional arrangements relating to the changes made by this Bill. Clause 7 provides for consequential amendments. The Parliament of New Zealand enacts as follows: 1 Title This Act is the Criminal Records (Clean Slate) (Additional Eligibility) Amendment Act 2026 . 2 Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3 Principal Act This Act amends the Criminal Records (Clean Slate) Act 2004 (the principal Act ). 4 New section 4A inserted (Transitional, savings, and related provisions) After section 4, insert: 4A Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms. 5 New section 7A inserted (Additional eligibility under clean slate scheme) After section 7, insert: 7A Additional eligibility under clean slate scheme 1 An individual who would be eligible under section 7(1) but for the application of section 7(1)(b), is eligible under the clean slate scheme if— a any custodial sentence imposed on the individual was— i of less than 12 months duration; and ii in respect of a category 2 offence; and b they have completed a rehabilitation period of not less than 10 consecutive years since the date on which their last custodial sentence was completed. 2 An individual who would be eligible under section 7(1) but for the application of section 7(1)(g), is eligible under the clean slate scheme if they have completed a rehabilitation period of not less than 10 consecutive years since the date on which the last order made under section 65 of the Land Transport Act 1998 or under section 30A of the Transport Act 1962 in respect of the individual ceases to have effect. 3 In this section, category 2 offence has the same meaning as in section 6(1) of the Criminal Procedure Act 2011. 6 New Schedule 1 inserted Insert the Schedule 1 set out in the Schedule 1 of this Act as the first schedule to appear after the last section of the principal Act. 7 Consequential amendments Amend the principal Act as set out in Schedule 2 . 1 New Schedule 1 inserted 1 s 4A Transitional, savings, and related provisions 1 Provisions relating to Criminal Records (Clean Slate) (Additional Eligibility) Amendment Act 2021 1 Transitional provision relating to answers and responses to questions and requests asked or made before commencement of section 7A Section 7A applies to a request made before the commencement of the Criminal Records (Clean Slate) (Additional Eligibility) Amendment Act 2021 for the disclosure of an individual’s criminal record or information about an individual’s criminal record if, on the commencement of that Act, the individual to whom the request relates became an eligible individual. 1 Transitional, savings, and related provisions 2 Consequential amendments to principal Act In section 4, definition of eligible individual , after section 7(1) , insert , section 7A , . In section 4, replace the definition of rehabilitation period with: rehabilitation period , in relation to an individual, means a period in which the individual has not been convicted of an offence In section 7(1)(a), after rehabilitation period , insert of not less than 7 consecutive years In section 7(1)(b), after him or her , insert (but see section 7A(1) ) . In section 7(1)(g), after Transport Act 1962 , insert (but see section 7A(2) ) . In section 7(2), after Transport Act 1962 , insert unless section 7A(2) applies. In section 8(1), replace either under section 7(1) or , with under section 7(1), section 7A , or Replace section 8(2), with: 2 An individual referred to in subsection (1) again becomes an eligible individual if he or she meets the requirements of section 7 or section 7A following that conviction.