Expungement of Criminal Records

Benefits of Expungement

Expungement of a criminal record is an excellent way for an individual to close a chapter on a past mistake. It can provide persons with peace of mind, freedom to pursue career opportunities and access services that may not have been available to them by virtue of their criminal records.

Securing a Job

The most valuable benefit of expungement is securing a job, a promotion, or retaining the job an individual currently occupies. Employers may conduct background checks before hiring a job applicant. These checks will reveal an applicant´s records of arrests, convictions and probation status. Having a criminal record is in most cases unfavourable. 

Personal Satisfaction and Peace of Mind

At times, many persons who have committed offences in the past may not feel truly free or rehabilitated even though they have served prison time or completed the punishment for the offence. Personal satisfaction and peace of mind, however, can be achieved when these persons have their convictions removed from their criminal records. 

Eligibility for Expungement

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

1. The offence in question must be one which attracts a non-custodial sentence or sentence of imprisonment not exceeding five years; and
2. The person in question must not have had any other convictions during a specified period of time referred to as the “Rehabilitation Period.”

 

What is the Rehabilitation Period?

The Rehabilitation Period defines 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 sentence imposed by the Court and ranges from a minimum of three years for non-custodial sentences to a maximum of ten years for custodial sentences. The Rehabilitation Period is calculated from the date of the expiration of the term of imprisonment in the case of custodial sentences, and in other cases upon the satisfaction of the Court’s sentence.

An offender should not apply for an expungement until the relevant Rehabilitation Period has expired. The sentence imposed by the Court will determine the Rehabilitation Period that must elapse.

See below information for the Rehabilitation Periods

It is important to note that where an offender is convicted of certain offences during the Rehabilitation Period, the record may become ineligible for expungement.

Rehabilitation Periods for persons 18 years and over:

• Where the sentence imposed does not include imprisonment - 3 years
• Where sentence imposed is imprisonment not exceeding six months - 5 years
• Where sentence imposed is imprisonment for more than six months but not exceeding 36 months -7 years
• Where sentence imposed is imprisonment for more than 36 months but not exceeding five years - 10 years

 

Rehabilitation Periods for persons under 18 years: 

• Where the sentence imposed does not include imprisonment - 18 months
• Where the sentence imposed is imprisonment not exceeding six months - 30 months
• Where the sentence imposed is imprisonment for more than six months but not exceeding 36 months - 42 months
• Where the sentence imposed is imprisonment for more than 36 months but not exceeding five years - 5 years

 

Specified offences (hyperlink) under the Third Schedule of the Criminal Records (Rehabilitation of Offenders) Act are NOT eligible for expungement.

Procedure to Apply for Expungement

• The applicant is required to complete an application form in duplicate (application forms are available online or at the Customer Service Desk, Ministry of Justice, 61 Constant Spring Road, Kingston 10) 

         Download Expungement Application form here

• An applicant must have his/her fingerprints taken at one of the following locations:
  • Kingston - Criminal Records Office located at 56 Duke Street 
  • St James - Summit Police Station 
  • Clarendon - May Pen Police Station 
  • St Mary - Area 2 Police Headquarters, Pompano Bay 

 

• An applicant must submit the completed application forms to the Customer Service Desk at the Ministry of Justice with the following:
  • Two letters of recommendation from referees, these persons may include (Minister of Religion, Justice of the Peace, Principal, Teacher, Attorney-at-Law, Medical Practitioner, Police Officer of Senior Rank). Must not be family members.
  • Certified/notarized copy of Birth Certificate (along with a document supporting any change of name, if applicable) OR any National Identification (such as Passport, Driver’s Licence, Voter Identification Card, National Identification Card)
  • His/her fingerprints impression
  • The receipt for fingerprint search
  •  Any other supporting documentation 

The Expungement Process

Step 1

• Upon receipt of the two application forms along with the supporting documents, a Police Report will be requested from the Criminal Records Office.

Step 2

• Upon receipt of the Police Report, a review of the application will be made by the Criminal Records (Rehabilitation of Offenders) Board and a decision taken.  The applicant will then be advised of the decision in writing.

If an applicant requires a CLEAN POLICE RECORD after his/her criminal record has been expunged by the Criminal Records (Rehabilitation of Offenders) Board, he/she MUST PAY for this service which is provided by the Criminal Records Office.

Processing Period

Criminal Records may take at least one year to be expunged.

Appeal

If an individual’s application is rejected, he/she may re-apply to the Criminal Records (Rehabilitation of Offenders) Board two years after the date of rejection. If the second application is also rejected, the individual may appeal to the Minister of Justice within sixty (60) days from the date of the second rejection.

 

Contact

Criminal, Civil and Family Law Unit 

Ministry of Justice 

61 Constant Spring Road, 

Kingston 10

Telephone: (876) 906-4923    Toll Free #: 888 JUSTICE (587 8423)

Whatsapp #: (876) 851 3287 (Text Only)