Criminal record expungement delay frustrates applicants

A call is being made for the Ministry of Justice to fix the backlog of applications for the expungement of criminal records.

Frustrated St Andrew businessman Sean Green is among scores who have been waiting for years to have their applications adjudicated.

The Criminal Records Office of the Jamaica Constabulary Force has close to 2,000 requests for criminal record expungement.

The justice ministry processes the applications.

Several applicants, including Green, have asserted that they have been given the run around by the Ministry.

The businessman says he submitted his application in March 2019 and since then he has not received any positive word from the Ministry.

According to him, during his several visits to the justice ministry, the most recent being last week, he was informed that his file was still not furnished to it by the police's criminal record office, with the backlog at the office being cited as an ongoing challenge.

He said it was very important for him to have his convictions expunged because as a businessman there were times when he would need to undertake transactions and background checks were necessary as part of the process.

He disclosed that his conviction in 2011 stemmed from the misuse of a credit card machine at his business place.

He said he was not involved in the misuse but when he was charged he pleaded guilty based on the advice of a lawyer who he consulted at the time and was told the machine belonged to him.

He was fined for the offence, which was paid.

Attorney-at-law Zara Lewis, who is now representing Green and several other persons with similar problems in relation to the long delay in the expungement of their criminal records, said the situation was unacceptable.

“The reforms of the justice system cannot be restricted to the courts, it also has to incorporate the criminal records office and the Ministry of Justice,” said Lewis.

When contacted, Justice Minister Delroy Chuck acknowledged that the delay is a matter of concern.

He said that the problem lies with some of the files not being found at the police's criminal record office. 

He said the ministry is seeking to address the issue.

Regarding Green's case, Chuck said that if he has a previous report from the criminal record office, he could submit it.

If he does not have one then he could apply directly to the records office to get one and submit it so the committee dealing with expungement could verify that it is correct and deal with the matter, Chuck said.

In July, Commissioner of Police Major General Antony Anderson said that several measures were being undertaken by the criminal record office to enhance delivery and customer service.

- Barbara Gayle

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