Jamaican lawmakers pass bill to expand eligibility for expungement

The House of Representatives in Jamaica on Tuesday approved significant amendments to the Criminal Records (Rehabilitation of Offenders) Act, widening access to expungement for people convicted of certain offences.

Justice Minister Delroy Chuck, who closed the debate, said the reforms are intended to give more Jamaicans a genuine second chance.

“There are persons who believe that once you have been convicted, you should carry that taint for the rest of your life,” he said. “But the truth is that the vast majority — more than 90 per cent — of persons convicted of crime, it is the one and only offence.”

Chuck stressed that many offences stem from “a moment of madness, a bad discretion, a poor judgment,” and that the law must recognise rehabilitation. He noted that hundreds of thousands of people could benefit from the changes.

At the same time, he cautioned that the expansion does not extend to serious crimes and is designed to uphold public safety.

“We need to bring the crime rate down,” he said. “If we start to expunge the records of persons who have committed serious offences, we could send the wrong signal.”

The Minister emphasised that expungement will only be granted to individuals who have clearly moved on from their past. Committees typically consider rehabilitation periods ranging from three to 15 years, depending on the offence.

Key changes in the bill

• Longer sentence threshold:
Clause Two raises the eligibility limit for expungement from sentences of up to five years to sentences up to 10 years. This allows the Rehabilitation of Offenders Board to consider applications from people who served more than five but not more than 10 years.

• Clearer criteria for decisions:
Clause Eight introduces a list of factors the Board may consider, including:
– nature and seriousness of the offence
– social enquiry and psychological reports
– evidence of remorse or restitution
– age of the offender at the time of the offence

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• Automatic expungement for old, minor convictions:
Clause Nine provides automatic expungement for non-custodial sentences imposed and satisfied before January 1, 2005, so long as the individual has no subsequent convictions. This means that Jamaicans who received minor, non-custodial sentences decades ago — and who have stayed out of trouble since — will have those old convictions cleared automatically, without needing to apply.

• Larger, better-resourced expungement board:
Clause 11 expands the Board from 3–5 members to 7–9, and adds nominees from the Commissioner of Police and Commissioner of Corrections.

• Updated list of excluded offences:
Clause 12 removes certain minor property and Dangerous Drugs Act offences from the list of convictions that cannot be expunged, reflecting international trends acknowledging rehabilitation.

Chuck said the amendments mark “a first step” and signalled that additional reforms could follow as Jamaica continues efforts to reduce crime.

“We affirm that expungement is for those who have put crime behind them,” he said. “This is about giving more persons a second chance while keeping Jamaica safe.”