Govt to reform expungement law, allowing ‘clean slate’ after 15 years

The government is preparing a major overhaul of its criminal records expungement laws, with new measures that would allow offenders — including those who served lengthy prison terms — to have their convictions wiped after 15 years without reoffending. But the most serious crimes, such as murder, rape, child exploitation and firearms offences, will remain permanently ineligible for expungement.

Attorney General and Minister of Legal Affairs Dale Marshall outlined the proposed revisions as he introduced the Criminal Records (Rehabilitation of Offenders) (Amendment) Bill in Parliament on Tuesday, announcing that the legislation will be sent directly to the Select Committee on Governance and Social Policy for national consultation.

Convictions for treason, murder, rape, child pornography, offences involving vulnerable persons, and crimes under the Anti-Terrorism and Counter-Proliferation of Weapons of Mass Destruction Act will all remain permanently barred from being wiped from a person’s record. Firearms offences are also excluded.

“I have no difficulty defending a position taken by Cabinet that says, if you are found guilty of a firearm offence, we’re not expunging your record,” Marshall said. “As deep as our heart is, we have to send a message. We need to tell you that our capacity for forgiveness does not run that far.”

15-year clean slate threshold 

Under the proposed changes, offenders who served more than seven years in prison — including those who served 20 years, 40 years or even 80 years — would become eligible to apply for expungement after 15 years without any further breach of the law.

“This is where you begin to step into new territory,” the attorney general said. “We’re saying that no matter how long you are in prison for, we are prepared to say that once you have served that term of imprisonment, no matter how long, once the period of 15 years passes, we will consider you eligible for expungement.”

For those who did not receive a custodial sentence, the rehabilitation period is one year. Those sentenced to between one and five years can apply after five years, and those sentenced to between five and seven years can apply after ten years.

Marshall stressed that the system will not offer second chances to repeat offenders.

“If the state provides a mechanism for you to have your record expunged, and you go and trespass once more into the realm of criminal activity, you can’t come back again,” he said. “There’s no blood test for rehabilitation. There’s no written test… If you do not run afoul of the law for a certain period of time, we will take it that you are rehabilitated. But if you commit more offences, you can’t expect the generosity of the state to extend to another set of offences.”

The attorney general also defended the move to seek public input through a special parliamentary committee.

“The reason we are sending it is because we recognise that the voice of this Parliament has to be capable of engaging in a sensible dialogue with our citizens,” he said. “Every time we have major legislation coming out of my ministry, I make it a point of sending it to the stakeholders…. We are constantly engaging with our constituents in that way.”

Hundreds granted expungement since 2021  

Marshall revealed that since the reform legislation took effect in 2021, a total of 246 people have applied to have their criminal records expunged.

Of those:

– 136 were approved

– 73 were deferred because applicants lacked the required documentation

– 22 were denied

“You had 246 applied for in that three-and-a-half-year period; 136 granted, 73 deferred…. Those individuals, when they get the paperwork correct, they can come back,” he said.

The AG said he remained deeply concerned about the number of Barbadians who have struggled to secure employment because they were unable to obtain a clean police certificate of character despite years of reform.

“There was a time when the only place somebody who was charged with an offence or convicted of an offence could get a job was in Public Works or Waterworks,” he said. “Because they had a criminal record, they had to be treated as casual workers…. You had to know your place. You can’t get any further than that.”

He said the expanded system would give those who have genuinely rebuilt their lives a fairer chance at re-entering the workforce and contributing to society.

(IMC)