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Obtaining a Copy of your Criminal Record

by admin last modified Dec 07, 2009 03:06 PM

Services - Obtaining a Copy of your Criminal Record

See How to apply

The time frame for processing requests is 20 working days, from receipt of the correctly completed application.

Information and your rights

The Ministry of Justice may hold information about you in relation to criminal and traffic convictions that has been processed through the justice system. This information is held in the Ministry's courts and collections (fines) systems.

Under the Privacy Act 1993, you are entitled to obtain information about yourself and, if you consider that the information is not correct, you may apply to have the information corrected.

You may, if you wish, authorise the release of the information to a third party, eg. another person or agency, an employer, job agency, solicitor, etc.

You may not apply for information about another person, even a close family member, without their written permission.

The Criminal Records Unit of the Ministry of Justice provides information on criminal and traffic convictions. This record lists only convictions and sentencing from court appearances. This does not include Youth Court charges.

Criminal Records (Clean Slate) Act 2004

This legislation is designed to allow individuals with less serious convictions who have been conviction free for at least seven years and who meet all other relevant criteria to put their past behind them. It will enable eligible individuals to conceal convictions in most circumstances. There are some exceptions when individuals' convictions will continue to be disclosed.

The Criminal Records (Clean Slate) Act 2004 is an automatic scheme - therefore, it is not necessary to apply for a 'clean slate'. If you meet all the criteria for concealing previous convictions you are eligible to have your convictions concealed by the Ministry. Your convictions will be entitled to be concealed as long as you continue to meet all the criteria. Those who do not meet all criteria will be ineligible for 'clean slate' purposes and will receive a criminal convictions report.

Information about the Criminal Records (Clean Slate) Act 2004.

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Third parties

You may authorise the release of your personal information to a third party, e.g. another person or agency, an employer, job agency, solicitor, etc. If you are eligible for a 'clean slate' record, you will have your convictions concealed.

Note that a third party commits an offence if, without lawful authority under the Criminal Records (Clean Slate) Act, that party requires or requests that you:

  • disregard the effect of the clean slate scheme when answering a question about your criminal record; or
  • disregard the effect of the clean slate scheme and disclose, or give consent to the disclosure of your criminal record.

Police Clearance Certificate

The Ministry of Justice is frequently asked to provide a 'Police Certificate' or a 'Police Clearance' for persons who wish to apply for residence in a foreign country. In New Zealand, there is no such document. However, you can apply for a copy of your conviction records (which you can then show to another party if you wish).

Note that New Zealand legislation cannot bind a foreign government and the Clean Slate Act will have no impact on the border and immigration disclosure requirements of overseas jurisdictions. Where a foreign State requires disclosure of all criminal convictions, whether entitled to be concealed or not, all convictions will need to be provided.

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