Bill to Broaden Access to Expungement Gazetted

The Criminal Records (Rehabilitation of Offenders) (Amendment) Act, 2026, has been gazetted and is now in effect.

The announcement was made by Minister of Justice and Constitutional Affairs, Hon. Delroy Chuck, during Wednesday’s (March 4) post-Cabinet Press Briefing at Jamaica House.

The bill was passed in the House of Representatives and the Senate and received the assent of the Governor-General on February 20.

Mr. Chuck said the Act establishes a two-stage framework for addressing the criminal records of rehabilitated persons.

“The first stage provides that upon the expiration of the prescribed rehabilitation period, a qualifying conviction is automatically treated as spent and the individual is regarded in law as a rehabilitated person. The second stage permits the rehabilitated person to apply to the Criminal Records Rehabilitation of Offenders Board for the expungement of the spent conviction from his or her criminal record,” he explained.

Mr. Chuck noted that in considering such applications, the Board must conduct its own inquiries and be satisfied that the applicant has been rehabilitated and that the granting of expungement will not prejudice the interests of justice or national security.

The Justice Minister reasoned that the Government has long recognised that expungement plays a critical role in enabling rehabilitated individuals to reintegrate into society.

This, as access to employment, professional licensing, educational opportunities and international travel may all be adversely affected by the existence of a criminal record.

“The reform is, therefore, grounded in the principle of a meaningful second chance. The persons who have paid their debt to society and have demonstrably benefited from reform and rehabilitation should, in appropriate cases, be afforded the opportunity to move forward without the enduring stigma of a criminal record. However, the Government is also mindful that some applicants who were otherwise rehabilitated were previously unable to secure expungement due to certain inbuilt statutory limitations,” he said.

Mr. Chuck shared that the amended Act looks at what is an appropriate compromise, having regard to Jamaica’s current realities.

He added that the central objective of these amendments is to strengthen and modernise the expungement framework in Jamaica by expanding access to expungement in appropriate cases, clarifying the decision-making framework of the Criminal Records Rehabilitation of Offenders Board and increasing efficiency and fairness in the process.