No work under way to expunge historic sex work convictions affecting more than 1000

The historic convictions are still affecting many Kiwis. Photo / 123rf

The Justice Minister's office says there's no work under way to expunge historic sex work convictions despite more than 1000 people being affected.

Last week the Herald revealed more than 1000 people were convicted for Prostitution Soliciting from 1980 until sex work was decriminalised in 2003.

This is having ongoing effects on many who are forced to disclose historic charges and convictions for sex work when they apply for jobs, travel and study - something advocates say can cause discrimination.

In a statement, a spokesperson for the minister told the Herald there was no general rule that a person's conduct was deserving of a pardon because the conduct concerned was no longer an offence.

They said expunging the convictions was not currently on the Justice work programme which has a "fairly busy" workload, including responding to the recommendations of the Royal Commission of Inquiry into the Terrorist Attack.

"Only once in New Zealand have convictions been expunged on the basis that the conduct is no longer regarded as criminal. That relates to the Criminal Records [Convictions for Historical Homosexual Offences] Act 2018."

Act's Nicole McKee confirmed the party would back removing historic sex work convictions.

"This is really no different to when Parliament expunged the convictions for homosexual offences. We supported that and we would support this, too."

Green Party justice spokesperson Golriz Ghahraman told the Herald it was deeply unfair and harmful these convictions were still affecting people.

"It's similar to homosexual law reform, where we go, well there's been a moral judgment that's then impacting people's life in a really terrible way and actually creating prejudice."

She said her party fell on the side of decriminalisation of sex work, so removing historic convictions was another "small step".

On top of soliciting convictions, 58 women and 24 men were convicted for other breaches under the Massage Parlours Act from 1980 to 2003.

National's Simon Bridges said the decision on whether or not to wipe historic sex work convictions was up to the Government.

New Zealand Prostitutes Collective (NZPC) Auckland regional co-ordinator Annah Pickering said some people had been refused entry to certain studies and jobs because of their past convictions.

One woman spoken to by the Herald said she had been turned away from Canada because of a historic sex work charge.

She wanted to remain anonymous because she said if she declared she had not been allowed into one country, other countries might "start to look" at her as well.

"It can have a huge effect on people's lives. I think it's very unclear with the clean slate legislation, given that sex work is decriminalised in New Zealand, do sex workers have to declare historic charges."

In a statement, Ministry of Justice deputy secretary police Rajesh Chhana told the Herald last week the ministry was not currently engaged in any work on wiping historic sex work convictions.

"Any move to expunge any particular type of historic convictions would require special legislation to be proposed and enacted."

However, the Criminal Records (Clean Slate) Act 2004 allows individuals with less serious convictions, and who have been conviction-free for a long period of time, to put their past behind them.

This requires applicants to have had no convictions within the past seven years, to have never been sentenced to a custodial sentence and to have never been ordered by a court during a criminal case to be detained in a hospital, among other things.