A resolution calling for a further amendment to the Criminal Records (Rehabilitation of Offenders) (Amendment) Act of 2014 has been approved by the St James Municipal Corporation (SJMC).
The resolution was moved on Thursday by Jamaica Labour Party (JLP) Councillor for the Montego Bay North East Division, Senator Charles Sinclair, who is calling on Justice Minister Delroy Chuck to review and amend the Act.
In outlining his case at the SJMC’s monthly meeting, Sinclair, who is also an attorney, said the Act was last amended in 2014, making several offences inexpungible.
With the need to increase Jamaica’s labour force and many employers requiring prospective employees to produce criminal records, the councillor said if the current form of the Act is maintained, many Jamaicans who were fined, given a suspended sentence, or served a prison sentence years ago, will be at a disadvantage in failing to get their convictions expunged locally.
Further, he said the skills of such individuals will not be utilised by employers.
“I’ve been approached by several persons; persons who have committed an offence, some of them over 15 years ago,” Sinclair stated.
He shared the case of one such person, a taxi operator, who gave Sinclair his letter applying for expungement, which was dated May 30, 2022.
Sinclair said the man was convicted in 2010 of a ganja-related offence, and he paid a fine.
The councillor then read the conclusion of a letter that was received by the individual from the Criminal Records (Rehabilitation of Offenders) Board.
It stated, according to Sinclair, that, “‘In light of the above, I have been directed by the board to inform you that your application was rejected on the grounds that the offence of taking steps to export ganja is incapable of being expunged, as this offence falls under the Third Schedule of the Criminal Records (Rehabilitation of Offenders) (Amendment) Act, 2014.'”
Sinclair said the man paid “his debt to society” in 2010 and still cannot receive expungement years later.
“Him (the taxi operator) still have to earn a living enuh, and there are many other persons like that (in similar situations being denied expungement),” the councillor insisted.
In a rare political move, the resolution was given support by People’s National Party (PNP) councillors in the municipal corporation.
In fact, PNP Councillor for the Mount Salem Division in St James, Kerry Thomas, has called for the process of expungement to be shortened.
“It’s frustrating to people applying for expungement and the length of time it is taking. It is taking far too long,” Thomas insisted.
He suggested that the length of time for expungement could foster “more corruption” in the system, because persons have to “revert” to finding somebody who could give them a clean criminal record.
“While we can look at the other offences to be expunged and change the Third Schedule (of the Act), as my colleague said, what we should also be looking at is the period of time we’re taking to grant the expungement to people who qualify for it, (and) who have applied for it,” Thomas stated.
“So, if you serve a sentence of two years, and you apply for expungement and it a tek three, four years to occur, that’s even worse than the sentence,” Thomas stated.
