Clean Slate Act - even if you have served a Custodial Sentence!

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Currently under New Zealand law the 'Clean Slate Act 2004' only applied if:

PLEASE NOTE: This amendment would NOT apply to any person/s who have offended and/or served a custodial sentence for crimes against Children, the Elderly or Fraud

1. You’re said to have no criminal record (criminal conviction history) if all of the following are true. If you have:

  • had no convictions within the last 7 years
  • never been sentenced to a custodial sentence (such as prison, corrective training or borstal)
  • never been convicted of a sexual offence (‘specified offence’)
  • fully paid any fine, compensation, reparation or costs ordered by the court in a criminal case
  • never been banned from driving until further notice (indefinite disqualification)
  • never been held in hospital by the court in a criminal case instead of being sentenced, due to your mental condition

2. The one that I would like to see abolished is: 'never been sentenced to a custodial sentence (such as prison, corrective training or borstal)'

My reasons are as below:

  • Once you have completed your custodial sentence in the laws eyes it is viewed that you have paid society back for your offending
  • Missing persons can be declared 'dead' after 7 years, therefore why do a persons criminal record still appear just because they served a custodial sentence, I feel the same rule should apply
  • If a person has stayed clear of trouble and not reoffended for 7 years after serving their last custodial sentence their record should also be included in the 'Clean Slate Act 2004'

3. People affected due to this one clause of the; Clean Slate Act 2004:

  • The person trying to better themselves by way of higher paid employment
  • Partner of the convicted offender
  • Children of the convicted offender
  • The community; as if a person is unable to better himself then the chance of reoffending is greatly increased
  • The New Zealand tax payer - reoffending will increase the taxes we pay to keep offenders in prison

4. My desired outcome:

  • An amendment to the current 'Clean Slate Act 2004'
  • Offenders who have served a custodial sentence and not offended for a period of 7 years will also come under the Act
  • This amendment would NOT apply to any person/s who have offended and/or served a custodial sentence for crimes against Children, the Elderly or Fraud

 



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