Key amendments made to Criminal Records Act

Justice Minister Delroy Chuck is noting that the Criminal Records (Rehabilitation of Offenders) (Amendment) Act, 2026, provides for automatic expungement of certain non-custodial convictions.

He shared key reforms brought on by the amendment, during Wednesday's (March 4) post-Cabinet Press Briefing at Jamaica House. Chuck advised that automatic expungement applies to non-custodial convictions where the sentence was imposed and completed prior to January 1, 2005, provided that the individual has not been convicted of another offence.

"In cases where a person has been convicted of a single offence and in the judgment of the court the seriousness and circumstances of the offence did not warrant imprisonment and where the sentence was completed prior to January the 1st, 2005, a worthwhile concession is being made," Chuck explained.

He informed that in such cases and in the spirit of affording a genuine second chance, the individual automatically benefits from expungement without being required to undergo the application process. He stated that tens of thousands of individuals have a single conviction and requiring each of them to apply for expungement would place a significant burden on the Criminal Expungement Board.

"If they ask for a police record, it will show no convictions," he said.

Chuck reasoned that this approach will allow resources to be refocused on more complex matters requiring consideration of the Board.

"The effect of this provision would be that individuals who have already completed a 20-year rehabilitation period stand to benefit. This mirrors approaches adopted in jurisdictions such as The Bahamas and Canada, where records are expunged after the passage of a rehabilitation period without the necessity of a formal application," he said.