Criminal Records (Clean Slate) Act 2004

Criminal Records (Clean Slate) Act 2004

Employee Rights
  • To have details on non-custodial criminal convictions that are more than 7 years old concealed against any inquiry or disclosure requirements; for example, when applying for a job.
  • To obtain a copy of their criminal record from the Ministry of Justice to see if they meet the eligibility criteria for having their criminal records concealed.
  • To state when answering a question about their convictions or criminal record that they have no criminal record (assuming they meet the eligibility criteria for concealment).
Eligibility Criteria

To be entitled to conceal their past criminal convictions the employee must have:

  • No convictions within the last 7 years.
  • Never been sentenced to a custodial sentence (for example, prison or home detention).
  • Never been ordered by the Court to be detained at a psychiatric hospital due to a mental disorder.
  • Not been convicted of a “specified offence” (e.g. sexual offending against children or young people).
  • Paid in full any fine, reparation or costs ordered by the Court in respect of criminal cases.

Exceptions where the right to concealment of past convictions do not apply include:

  • Application for employment in the Police, prison or probation service, JP or Judge or national security positions or roles involving the care and protection of children (foster parent, child care worker, teacher).
  • Overseas convictions are not “convictions” under the clean slate scheme so will not be included in weighing up whether an employee qualifies for a “clean slate”.

To access the complete Act click here