It’s not automatic

The Jamaican Senate has approved significant amendments to the Criminal Records (Rehabilitation of Offenders) Act, establishing a rigorous two-tier evaluation system for expungement applications. Government Senator Dr. Dana Morris Dixon emphasized during Friday’s parliamentary session that overseas expungements won’t automatically transfer to Jamaican records, addressing concerns about international justice system disparities.

The legislative framework mandates case-by-case assessments rather than blanket approvals. The revamped procedure requires offenders to first complete prescribed rehabilitation periods before their convictions become ‘spent.’ Subsequently, applicants must demonstrate genuine rehabilitation to the Criminal Records Board, which evaluates potential impacts on justice administration and national security.

Notably, the amendments expand the Board’s jurisdiction to consider offenses carrying sentences between five and ten years—previously automatically disqualified. This change responds to documented cases where non-egregious crimes received mandatory sentences exceeding the prior threshold. Rehabilitation periods consequently extend from 10 to 12 years for adults and from 5 to 8 years for minors.

The legislation introduces standardized evaluation criteria including psychological assessments, social enquiry reports, restorative justice participation, and remorse demonstration. To handle anticipated application increases, the Board will expand from five to seven-nine members. Senator Morris Dixon confirmed planned public education campaigns to manage expectations about the amended process’s selective nature.