When can I say I don't have a criminal record? The clean slate scheme explained

The Criminal Records (Clean Slate) Act 2004 lets people with old, less serious convictions move on.

The criteria

According to the Ministry of Justice, you’re treated as having no criminal record only if all of these are true:

• no convictions in the last 7 years
• you’ve never received a custodial sentence, such as prison, corrective training or borstal
• you’ve never been convicted of a “specified offence” listed in section 4 of the Act (these include certain sexual offences)
• you’ve fully paid any fine, compensation, reparation or court costs from a criminal case
• you’ve never had an order made under section 65 of the Land Transport Act 1998 (an indefinite driving disqualification)
• you’ve never been held in hospital by a court, instead of being sentenced, because of your mental condition

There’s no application and no certificate. If you meet the criteria, it applies automatically.

What it means

• Your convictions are concealed.
• In New Zealand, you can say you have no convictions when asked.
• No one can require you to disclose your full record, except in the cases below. Outside those cases, it’s unlawful for someone to demand it.
• You can still ask for your full record yourself.

When you must still disclose

• Overseas. The scheme doesn’t apply outside New Zealand. Some countries, for visas or immigration, require your full record.
• Some jobs. Police, prison or probation, judicial roles (including justices of the peace), and national security roles.

When your record comes back

If you get a new conviction, stop paying a court-ordered amount, or receive a permanent driving ban, your convictions reappear and must be disclosed until you meet the criteria again.

Criminal record checks and privacy

Employers and landlords need your consent to request a Ministry of Justice criminal record check, and they should only ask when it’s relevant. The Privacy Commissioner’s rental guidance, for example, says landlords should only run the check once you’re negotiating an offer. See what landlords can ask.

For anything not clear-cut, such as a specified offence or a conviction from overseas, talk to a lawyer or a Community Law centre.