Jamaicans Urged to Contact Justice Ministry for Expungement Eligibility

Jamaicans are being urged to contact the Ministry of Justice (MOJ) to learn about their eligibility for expungement.

Persons with criminal offences on their records may be able to have them removed through the expungement process.

Senior Policy Analyst at the Justice Ministry, Shanique Graham, in a recent JIS Studio 58A Session, said there are two general conditions that must be satisfied.

“The offence that we see on your criminal record has to be punishable by a non-custodial sentence. Non-custodial means you didn’t have to go to prison for it, so that’s one. Two, you received imprisonment that did not exceed five years,” she said.

Ms. Graham also said persons applying for expungement must not have had any other criminal conviction during the rehabilitation period time.

“Once you have that first conviction and you have served your rehabilitation period, you should have no other conviction or offence within that period of time, to be able to apply for expungement,” she said.

Rehabilitation periods vary based on the offence committed, but generally range from three to 10 years.

“There are some offences that you will get a rehabilitation period of say three or five years. It depends on the severity of the convictions and the offence. All of that is taken into consideration when you are handed down. This is why each application has to be done on its own merit looking at the specific offence and the rehabilitation period,” she said.

Meanwhile, Ms. Graham said there is a Board that adjudicates on matters related to expungement.

“While it is black and white in the legislation, applicants are asked to explain how the conviction happened. We would get the police report from the criminal records office about whatever claim the applicant would make in relation to their offence. The sum total on that would help us to determine whether or not this person would be eligible or qualify for expungement,” she said.

For further details, persons can contact the Ministry of Justice at 876-906-4923.