Criminal Records Board Empowered to Consider Applications for Expungement

The Criminal Records (Rehabilitation of Offenders) Board has been empowered to consider applications for expungement for individuals who have served sentences of more than five years but not exceeding 10 years.

This is one of the major reforms introduced by the Criminal Records (Rehabilitation of Offenders) (Amendment) Act, 2026, which is now in effect.

Minister of Justice and Constitutional Affairs, Hon. Delroy Chuck, advised that under the amendment, the rehabilitation period for such offences will be 15 years after the individual has served their sentence.

“For persons under 18 at the time of the offence, the rehabilitation period will be eight years,” he said during Wednesday’s (March 4) post-Cabinet Press Briefing at Jamaica House.

Mr. Chuck shared that another reform is the removal and adjustment of certain offences.

“The bill removes offences from the third schedule, the list of offences for which convictions may not be expunged, thereby widening access in appropriate circumstances,” he said.

Offences under the Dangerous Drugs Act have been removed, as well as any offence under Section 3 of the Malicious Injuries to Property Act and Section 39 or 40, burglary or housebreaking.

He noted that persons who were convicted for drug offences in the ’80s and ’90s, will now be eligible for expungement.

“If they housebreak or burgle and commit another offence, such as rape or robbery in the house, then they will not be eligible for expungement,” Mr. Chuck pointed out.

In addition, the Board will be empowered to expunge offences committed in foreign jurisdictions where similar offences appear in the third schedule.

He explained that due to the relationship with many foreign countries, those offences were put in the criminal records office but they are now eligible to be expunged from the Jamaican record, whether or not they are expunged abroad.

He noted that in many cases, they are expunged abroad but because they were in the third schedule, they could not be removed here.

With the coming into effect of the law, there is now a clear criteria for Board decisions.

“For the first time, the Act will explicitly outline the matters the Board may consider when reviewing an application. In other words, when the Board meets, they actually not only listen to references or read references and recommendations; they must also consider a number of factors,” Minister Chuck said.

These include the nature and gravity of the offence, social inquiry and psychological records, reports and records, completion of rehabilitation or resocialisation programmes, evidence of remorse or accountability, participation in restorative justice, restitution to victims, the applicant’s age at the time of the offence any international obligations and whether the applicant has reoffended.