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Location: Disorderly & Offensive
Discussion: Disorderly conduct offensive behavour in public places
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YouthLaw |
1. RE: Disorderly conduct offensive behavour in public places
Jul 13 2010, 7:27 PM EDT
Under the Criminal Records (Clean Slate) Act 2004, an individual has a right to have his or her criminal records concealed or expunged if he or she satisfies the relevant eligibility criteria.The criteria are stated in the Act as follow: he or she has completed a rehabilitation period since the date on which a sentence was last imposed, or a specified order was last made, as a result of a conviction for an offence, or he or she is an individual in relation to whom an order has been made under section 9 or section 10(2); and (b) no custodial sentence has ever been imposed on him or her; and (c) no order has ever been made in relation to him or her under section 34(1)(b) of the Criminal Procedure (Mentally Impaired Persons) Act 2003, section 118 of the Criminal Justice Act 1985, or section 39J of the Criminal Justice Act 1954 (being an order imposed, instead of passing sentence, that the offender be treated or cared for in a manner that the offender's mental impairment requires, either in the offender's interest, or for the safety of the public, or for the safety of a person or class of person); and (d) he or she has not been convicted of a specified offence; and (e) in the case of a court having imposed a sentence of a fine or reparation on the individual, the amount owing has been paid in full or has been deemed to have been remitted; and (f) in the case of a court having ordered the individual to pay costs or compensation under section 106, section 108, or section 110 of the Sentencing Act 2002 (or a corresponding provision of an earlier enactment), the amount owing has been paid in full or has been deemed to have been remitted; and (g) No order has ever been made disqualifying him or her from holding or obtaining a driver licence under section 65 of the Land Transport Act 1998 or a driver's licence under section 30A of the Transport Act 1962. Do you find this valuable? |
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YouthLaw |
2. RE: Disorderly conduct offensive behavour in public places
Jul 13 2010, 7:31 PM EDT
Generally speaking, if you have fulfilled your fine or punishment as ordered by the Court for minor offences such as disorderly conduct and provided that you did NOT reoffend, the sheme under the Criminal Records (Clean Slate) Act will kick in to wipe out your criminal convictions.
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