Justice Ministry Clarifies Criteria Under Expanded Criminal Record Expungement Law

The Ministry of Justice and Constitutional Affairs has emphasised that while the amended Criminal Records (Rehabilitation of Offenders) Act broadens eligibility for criminal record expungement, applicants are not guaranteed approval.

Speaking during a recent Jamaica Information Service (JIS) ‘Think Tank’, Assistant Attorney General and Acting Deputy Director of Legal Services, Alanna Wanliss, explained that the amendment is designed to extend eligibility for expungement to individuals who previously did not qualify to apply.

“I think there’s a misconception where persons are applying [who] probably could not apply before because maybe their offense fell under the Third Schedule [of the Act] or they have been convicted of an offence for which the sentence imposed exceeded five years,” she said.

The amendments, which were passed in February 2026, also broadened eligibility to include persons convicted of offences in foreign jurisdictions, allowing them to apply for expungement.

However, eligibility does not guarantee approval.

“That offence would be either on our Third Schedule or equivalent to one that is on the Third Schedule, and so [the individual] could not apply in Jamaica for an expungement of that record,” Ms. Wanliss noted.

She further advised that the legislation now specifies a range of factors that the Criminal Records (Rehabilitation of Offenders) Board may take into account when evaluating applications for expungement.

“These factors have been included in Section 23 of the amendment and include the nature and the seriousness of the offense, social inquiry and psychological reports, evidence of rehabilitation and resocialisation, demonstrated remorse and accountability, participation in restorative justice programmes, [and] restitution made to victims,” Ms. Wanliss said.

The applicant’s age at the time of the offence, adherence to Jamaica’s international obligations, and any evidence of reoffending or continued criminal activity may also be considered.

The amended legislation has also expanded the Board’s membership from five to a maximum of nine members, a move aimed at strengthening its decision-making framework.

The Board’s membership may comprise attorneys-at-law with at least 10 years’ standing, judges of the Court of Appeal or Supreme Court, psychiatrists, psychologists, social workers, ministers of religion, the Commissioner of Police and the Commissioner of Corrections or their nominees, as well as senior public-sector officials.