Expungement Board Ready
The Criminal Records (Spent Convictions) Law, 2016 repeals and replaces the Rehabilitation of Offenders Law (1998 revision) and establishes a board for the purpose of expunging criminal records, the Expungement Board.
The Expungement Board has been established by the Office of the Deputy Governor and is now accepting applications.
The Board deals with two types of expungement. Firstly, it deals with persons who have served a sentence exceeding five years, and have a crime free period of 15 years. Secondly, the Board will also consider the expungement of minor marijuana offences, provided that the sentence is non-custodial and the fine does not exceed $5,000.
'Minor offences' means a person convicted of:
- possession not involving trafficking or intent to supply;
- possession of pipes or other utensils for the consumption of marijuana;
- smoking or other unlawful use of marijuana, or a similar offence under a Law.
A crime free period is not required for minor marijuana offences.
For sentences under five years, cautions, fines, community based orders, or probations will be dealt with by the Criminal Records Office.
The new Board consists of Mr. Kashka Hemans, Mr. Hugh Lockwood, Ms Kayleigh Wright, Mr. Shimar Harding and Pastor Alson Ebanks.
Application forms for expungement of records are available from the Reception Desk on the Ground Floor of the Government Administration Building, Elgin Avenue, George Town or online at www.odg.gov.ky.
Applicants who wish to have their record expunged should mail or hand deliver the following to the Office of the Deputy Governor, Government Administration Building, Box 103, Elgin Avenue, George Town, Grand Cayman, KY1 - 9000 or put in drop box labelled "Expungement Applications".
Applications should include:
- Letter requesting expungement
- Completed Application Form
- A fee of CI$25.00 (Cheque or Bank Draft)
- An original Police Clearance Certificate (less than a month old)
- Two character references from persons who are not family members.
The Law applies to a conviction for an offence against Cayman Island Laws and laws of other countries.
The Board will not expunge records for serious offences such as:
- Offences Against Morality under the Penal Code (2013 Revision) where a person is sentenced to a custodial sentence of five years or more (Rape, Defilement, Gross Indecency and Abortion)
- Offences Against the Person under Part VI of the Penal Code (2013 Revision) where a person is sentenced to a custodial sentence of five years or more (Kidnapping or Abduction)
- Offences relating to terrorism
- Offences relating to the trafficking of persons
- Offences relating to care and protection of children and vulnerable persons
- Offences relating to child pornography
- Offences relating to a firearm as defined in the Firearms Law 2008 (Revision).
Where the criminal record of that person has been expunged, the person will be treated, for all purposes in law, as a person who has not -
- committed the offence;
- been charged with the offence;
- been prosecuted for the offence;
- been convicted of the offence;
- been sentenced for the offence.
However, there are certain professions that require that persons must disclose expunged criminal records, namely, Attorney-at-Law, Certified or Chartered Accountant, Dentist, Medical Practitioner, Midwife, Optician, Pharmacist, School Teacher, Registered Nurse, Veterinary Surgeon and any profession which can be practised only upon being licensed under a Law.
There are certain offices of employment that must disclose their expunged records, namely Judicial Service, Public Service, Members of Statutory Boards and Boards of Directors of Government Companies, Police Service, Prison Service, Fire Service, Monetary Authority, Financial Institutions, Educational Institutions, Insurance Companies, Hospitals and Nursing Homes, Residential facilities for the care and protection of children and other vulnerable persons, Sports Organisations for children and Security Services Organisations.