Overview of the Clean Slate Act 2004
The Criminal Records (Clean Slate) Act 2004 provides a scheme for individuals with minor convictions to have those convictions concealed after a specified crime-free period.
Eligibility and Application
Your convictions are automatically concealed under the Clean Slate scheme if you meet the following criteria:
- No convictions within the last 7 years
- Never sentenced to a custodial sentence (such as prison)
- Never convicted of a specified offence listed in section 4 of the Act
- Fully paid any fines, compensation, reparation, or costs ordered by the court
- Never been indefinitely disqualified from driving
- Never been held in hospital by the court instead of being sentenced due to mental condition
Types of Offenses Excluded
The Clean Slate scheme does not apply to convictions for:
- Offenses classified as "specified offenses" under Section 4 of the Act
- Convictions that resulted in a custodial sentence (e.g., prison, corrective training)
- Convictions that do not meet the eligibility criteria outlined in Section 7 of the Act
For a complete list of specified offenses and detailed eligibility criteria, refer to Section 4 of the Criminal Records (Clean Slate) Act 2004.
Effects of the Clean Slate Scheme
If you meet all eligibility requirements:
- Your criminal convictions are automatically concealed
- You can state you have no convictions if asked in New Zealand (with exceptions)
- You can still view your convictions if requested
- Convictions may reappear if conditions are not maintained (e.g., new convictions or unpaid fines)
Exceptions and Disclosure
There are cases where you may need to disclose your full record:
- Traveling or living overseas
- Applying for certain jobs in New Zealand (e.g., police, prison roles)
It is against the law for others to request your full record in most cases.
Applying to Have Convictions Disregarded
You can apply to disregard convictions in certain cases:
- If the crime has been decriminalized
- If you received a non-custodial sentence for a specified offence
Consult a lawyer for assistance with the application process.
More information on applying to have convictions disregarded