Govt to reform expungement law, allowing ‘clean slate’ after 15 years

The Barbadian government has unveiled sweeping reforms to its criminal rehabilitation system, introducing legislation that would permit offenders who have remained crime-free for 15 years to have their convictions expunged—regardless of their original sentence length. Attorney General Dale Marshall presented the Criminal Records (Rehabilitation of Offenders) (Amendment) Bill in Parliament on Tuesday, marking a significant shift in the nation’s approach to criminal justice and societal reintegration.

The proposed framework establishes tiered rehabilitation periods: one year for non-custodial sentences, five years for prison terms of 1-5 years, ten years for sentences of 5-7 years, and a uniform 15-year threshold for all lengthier incarcerations. This revolutionary approach means even individuals who served decades in prison could qualify for record clearance after maintaining a clean record for 15 years post-release.

However, the legislation maintains permanent ineligibility for severe crimes including murder, rape, treason, child exploitation offenses, terrorism-related acts, and firearms violations. Attorney General Marshall emphatically stated: “Our capacity for forgiveness does not run that far when it comes to firearm offenses. We must send a clear message about the seriousness of these crimes.”

The proposed bill will undergo extensive public consultation through the Select Committee on Governance and Social Policy. Marshall emphasized this participatory approach: “We recognize that Parliament must engage in sensible dialogue with our citizens on transformative legislation of this nature.”

Since initial reforms took effect in 2021, the system has processed 246 expungement applications, with 136 approved, 73 deferred due to documentation issues, and 22 denied. Marshall expressed particular concern about employment barriers faced by rehabilitated individuals, noting historical limitations that confined them to casual labor positions regardless of their rehabilitation efforts.

The Attorney General clarified that the system offers no second chances for repeat offenders: “If the state provides this mechanism and you reoffend, you cannot return seeking the same generosity.” The government’s position is that sustained law-abiding behavior represents the primary evidence of rehabilitation when no objective measurement exists.