Senate Passes Bill To Broaden Access To Expungement

The Senate, on Friday (January 30), approved the Criminal Records (Rehabilitation of Offenders) Act, which, among other provisions, seeks to widen access to expungement in deserving cases.

Piloting the legislation, Minister of Education, Skills, Youth and Information and Acting Leader of Government Business in the Upper House, Senator Dr. the Hon. Dana Morris Dixon, stated that the expungement of a criminal record affords rehabilitated individuals who have paid their debt to society a second chance, enabling them to pursue opportunities such as employment and even residency overseas.

“The second chance concept is, in theory, the main objective of this legislation. However, it has not been fully operationalised. Many applicants who have, indeed, paid their debt to society, who have benefitted from reform, rehabilitation and training, have still been denied the expungement of their criminal records,” she noted.

“These unsuccessful applicants have indicated that, as a result, their standard of living has been negatively affected, which is an emotional and financial impediment,” Senator Morris Dixon added.

She advised that the Criminal Records Rehabilitation of Offenders Board cannot consider applications where the sentence imposed exceeds five years’ imprisonment.

Among these are offences such as motor vehicle manslaughter, breaches under the Malicious Injuries to Property Act, and offences under the Larceny Act.

The Minister noted that this limitation on the Board’s discretion is believed to have contributed, in part, to the exponential increase in the number of refused applications.

“The proposed expansion of the Board’s discretion to consider offenses that carry sentences which exceed five years, but are no more than 10 years, ought to result in an increase in the corresponding rehabilitation period.

“As such, the rehabilitation period ought to increase from 10 to 12 years for persons who are above the age of 18. Likewise, for persons who are below the age of 18 years, the rehabilitation period ought to increase from five to eight years,” she said.

Senator Morris Dixon added that the proposed expansion of the Board’s remit will lead to an increase in applications, making it necessary to broaden its membership in order to adequately address the volume of cases submitted.

“Currently, the Board consists of five members who meet at least once per month or as often as is necessary. However, there is a need to increase that membership, and we propose no less than seven members and no more than nine members,” she informed.

Senator Morris Dixon affirmed that the Administration is not turning its back on those who wish to champion peace and contribute as productive citizens.

“We see them and we see their value, even when they made a misstep. This Bill is a first step and a significant step towards their reintegration,” she said.

The Minister stated that the legislation forms part of the Government’s deliberate strategy within its national security architecture, adding that “when we come with this Bill, here [in the Senate], it’s not in isolation.”

“It is important to note on the official record that we do not treat incarceration as the end of our security intervention,” Senator Morris Dixon pointed out, adding that rehabilitation and reintegration programmes continue to be expanded.

Other Senators contributing to the debate included Cleveland Tomlinson, Rose Bennett Cooper, Allan Bernard, Abka Fitz Henley, Lambert Brown, Christian Tavares-Finson, Professor Floyd Morris, Charles Sinclair, and Donna Scott Mottley.

The legislation was subsequently passed without amendments.