Clean-slate law to hide stigma of crime

By AUDREY YOUNG political reporter

Half a million people with convictions, including more than 100,000 drink-drivers, will be able to conceal criminal records under proposed clean-slate laws for good behaviour.

The record technically will not be wiped, but offenders will be able to say they do not have convictions.

Employers who try to compel an individual to reveal the information will face a fine of up to $10,000.

Convictions for drink-driving, careless driving, theft, shoplifting, trespass, disorderly behaviour, offensive language and minor cannabis offences are expected to be included.

To qualify for concealment, certain conditions must apply.

* The offence must have occurred at least 10 years ago.

* The offender must have had a clean record for 10 years.

* The offender must have no outstanding fine or reparation.

* The offender must never have had a custodial sentence imposed.

Records would be automatically sealed, with some exceptions.

Justice Minister Phil Goff estimates half a million New Zealanders could be affected when the Criminal Records (Clean Slate) Bill is passed next year.

That is based on research of 1991 convictions. Of the 70,000 people convicted in 1991, 38,000 would be eligible today to have their criminal record "clean-slated".

Two-thirds of those were for driving offences.

By far the biggest category was for drink-driving offences, 31 per cent. If 1991 statistics are representative, more than 100,000 drink-driving convictions in the nine or 10 years preceding it would be eligible for clean-slating.

Mr Goff said there came a point when minor convictions were no longer of public concern "and people should be freed from the stigma of that offending and the fear of having it revealed".

"How embarrassing it is for a man or a woman in their 50s to reveal that at age 17 they were guilty of shoplifting," he said.

"It reaches a point where the general public right to know about criminal convictions becomes less significant than an individual's right to privacy."

Some crimes will not be eligible for clean-slate treatment.

Specified sexual offences against young people are exempt. The law will not prevent disclosure in special circumstances, including to:

* Law-enforcement agencies for investigation, prosecution or sentencing.

* The SIS.

* Applications for jobs as a judge, JP, community constable, police, prison officer, probation officer, or a position subject to vetting by the New Zealand Teachers Council.

* Applications to Government departments for job approvals involving care and protection of the young.

At present employers, with the consent of individuals, can apply for a police record check through the Wanganui computer.

The bill was introduced to Parliament yesterday. It is not expected to be passed until next year, and to take effect the following year.

National MP Wayne Mapp said employers had a right to know the criminal background of all prospective employees.

He was especially concerned about concealing drink-drive convictions.

Green MP Nandor Tanczos said he was unhappy Mr Goff ignored his private member's Clean Slate Bill before the justice and electoral select committee.

It is more liberal, allowing a clean slate for prison sentences of less than six months or a fine of less than $2000.

Under the Government bill, it would be an offence to have access to sealed criminal records. But it would not be an offence for the media to publish material about, say, the criminal past of a public figure whose crime had been clean-slated.

The bill was welcomed by the Insurance Council and the Law Society's criminal law committee.

But Business NZ executive director Anne Knowles said employers needed to be able to make job-specific inquiries about employees when it came to personal security, honesty and handling money.

State of the slate

The clean-slate bill will affect several MPs.

National's Northland MP, John Carter, has a drink-drive conviction from 1985 and will be clean-slated when the law takes effect.

Hauraki MP John Tamihere had three convictions between 1979 and 1993.

None of the five convictions of former Maori Affairs Minister Dover Samuels will be eligible for clean-slating because he served three months in prison as a youth for the theft of a pillow.

He has two traffic offence convictions and two for assault.

Anyone who has had a custodial sentence imposed is ineligible for the clean-slate provision.

That includes suspended sentences, which rules out Green MP Sue Bradford.

She has so many convictions she has lost count, but said last night that it was about 20, notched up in political protests.

New Zealand First MP Ron Mark's conviction when a teenager for sex with a minor would also be ineligible unless he got a special court order.