The expungement process

The Criminal Records (Rehabilitation of Offenders) Amendment Act, 2026 was passed in the Senate in January and signed by Governor General Sir Patrick Allen on February 20.

In addition to the reform is the automatic expungement in certain older, non-custodial matters, where the sentence was imposed and completed prior to January 1, 2005, and the individual has not been convicted of another offence.

Such individuals automatically benefits from expungement without being required to undergo the application process.

Justice Minister Delroy Chuck said the amended act establishes a two-stage framework for addressing the criminal records of rehabilitated persons.

The first stage provides that, upon the expiration of the prescribed rehabilitation period, a qualifying conviction is automatically treated as spent and the individual is regarded in law as a rehabilitated person. Expungement will not prejudice the interests of justice or national security.

The second stage permits the rehabilitated person to apply to the Criminal Records Rehabilitation of Offenders Board for the expungement of the spent conviction from his or her criminal record. The board must conduct its own inquiries and be satisfied that the applicant has been rehabilitated.

Chuck, during a post-Cabinet press briefing following parliamentary debate on the amendment, reiterated that the Government has long recognised the importance of expungement in enabling rehabilitated persons to reintegrate into society. He stressed that the bill does not weaken safeguards, but carefully balances the need of rehabilitated individuals to reintegrate into society with the need to protect public safety.

HOW TO APPLY

Application forms are available at the Customer Service Desk, Ministry of Justice, 61 Constant Spring Road, Kingston 10, and also on the Ministry of Justice’s website at www.moj.gov.jm.

APPLICATION FORMS:

(I) Complete two application forms to include the names, addresses and contact information of two referees who are not family members to provide recommendations.

No photocopied applications will be accepted.

(II) The two completed application forms must be submitted to the Customer Service Desk, Ministry of Justice, 61 Constant Spring Road, Kingston 10 along with the following:

1. Fingerprints impression of applicant

2. Receipt from the Inland Revenue Department (tax office) for the processing of an application

3. Two letters of recommendation addressed to the Criminal Records (Rehabilitation of Offenders) Board, c/o Ministry of Justice, 61 Constant Spring, Kingston 10

4. Any other document in support of the application.

Fingerprints impression can be done at the Criminal Records Office located at Kingston Mall, 8-10 Orange Street, Kingston.

Summit Police Station (St James), May Pen Police Station (Clarendon) and, Area 2 Police Headquarters, Pompano Bay (St Mary).

To obtain the receipt for the processing of an application, the applicant is required to make a payment of $3,000 at any Inland Revenue Department (tax office).

The letters of recommendation can be typed or handwritten (if handwritten, they should be legible) and must be dated, signed, have a return address and include the following information:

a. How long the referee has known the applicant

b. How the applicant conducts himself/herself

c. Whether the referee would recommend that the applicant’s conviction(s) be expunged.

Referees providing the recommendations must be of unquestionable integrity. These persons may include ministers of religion, justices of the peace, principals, teachers, attorneys-at-law, medical practitioners and police officers of senior ranks.

THE PROCESS:

Step 1

Upon receipt of the two application forms along with the supporting documents, a police report will be requested from the Criminal Records Office.

Step 2

Upon receipt of the police report, a review of the application will be made by the Criminal Records (Rehabilitation of Offenders) Board and a decision taken. The applicant will then be advised of the decision in writing.

If an applicant requires a clean police record after his/her criminal record has been expunged by the Criminal Records (Rehabilitation of Offenders) Board, he/she must pay for this service which is provided by the Criminal Records Office.

Taken from the Ministry of Justice and Constitutional Affairs website.