Expunging minor convictions

| 05/11/2018 | 4 Comments

Can you find out if the Expungement Board also expunges minor offences from the record such as disorderly conduct etc?

Ask Auntie, CNS Local Life, Caymanian statusAuntie’s answer: The short reply is “yes”, but below you will find some details on the board and the process, for those who want more in-depth information.

The Criminal Records (Spent Convictions) Law (2018 Revision) outlines the procedures in place to expunge records as well as sets out the serious convictions which cannot be expunged (see Section 12).

For additional background you can read the CNS article, Criminal records can now be wiped clean, which discusses the law and the creation of the Expungement Board.

Specific to your question, though, there are two avenues for someone to get their criminal record expunged. First, Section 15 says, “Where a person has been convicted of an offence and has been sentenced for a period not exceeding five years, upon expiration of the prescribed crime-free period, that person’s criminal record shall be treated as expunged.”

But if the crime does not automatically qualify for expungement, Section 15A(1) says, “Where a person has been convicted of an offence and has been sentenced for a period exceeding five years, upon the expiration of the prescribed crime-free period, that person may apply to the Board for that person’s criminal record to be expunged.”

Following on from that, an official from the Office of the Deputy Governor pointed to Schedule 3 of the law, which sets out the required crime-free periods in relation to sentences before someone is eligible for expungement, whether automatic or applied for.

In the case of a minor offence, in verifying that can be expunged, the official added, “While the offence may fall under the automatic expungement category, the person may apply for a Declaration of Expungement, which would provide them with a certificate confirming that their convictions have been expunged.”

The official also noted that Section 42 sets out the conditions under which someone would not be eligible to obtain more than two expungements.

Applications for expungement or a certificate are available on the Office of the Deputy Governor website.

The form, fee and accompanying documents should be placed in the drop box marked “Expungement Board”, which is located on the ground floor of the Government Administration Building.

The law mentioned above can be found on the CNS Library

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Comments (4)

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  1. Anonymous says:

    When you are asked about prior criminal convictions on an application, you best get legal advice before checking “no”. Expungement does not mean there is no record.

  2. Anonymous says:

    Still have to disclose it to the US authorities though. Good luck with those visa applications!

    • Anonymous says:

      Not true – expunged means it is removed from your record and as such no need to disclose to anyone as your conviction was removed I.e you have no previous conviction

      • Anonymous says:

        Uhhh, try telling the USA that. They do not agree. They will say you lied to them. They will be right.

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