Free Guide
The Clean Slate
Act — can old
convictions be hidden?
The Criminal Records (Clean Slate) Act 2004 allows eligible people to conceal past criminal convictions in certain circumstances. It does not delete convictions — but it means you can legally say you have no criminal record if you qualify.
- Convictions concealed — not deleted
- Must be seven or more years since last conviction
- Must never have been sentenced to imprisonment
- Does not apply to specified serious offences
- Does not apply outside New Zealand
- A new conviction removes the benefit
What the Clean Slate Act does
The Criminal Records (Clean Slate) Act 2004 allows eligible people to conceal their criminal convictions in certain situations in New Zealand. If you qualify, you can say you have no criminal record when asked — for example, on a job application. The convictions are not deleted from Police records. They are simply not disclosed in the circumstances covered by the Act.
Who qualifies?
To qualify for the clean slate scheme, you must meet all of the following criteria: at least seven years must have passed since your last criminal conviction; you must never have been sentenced to a term of imprisonment (including suspended sentences and home detention imposed as an alternative to imprisonment); you must have paid any fines, reparation, or other court-ordered amounts; and you must never have been convicted of a specified offence under section 4 of the Act. Specified offences include sexual offences against children and other serious matters, which are permanently excluded from the scheme.
When can convictions still be disclosed?
Even if you qualify for the clean slate scheme, there are circumstances where your full criminal record must be disclosed. These include when applying for positions working with children or vulnerable people, law enforcement roles, immigration applications to other countries, and certain professional registrations. The scheme does not apply outside New Zealand — if you are asked to disclose your criminal history when applying for a visa or travelling overseas, you must give your full record regardless of the clean slate scheme.
How does a new conviction affect it?
If you receive a new conviction after previously qualifying for the clean slate scheme, the benefit is lost — and will not apply again until you meet all of the criteria again, including a further seven-year period from the new conviction. This is one of the reasons why avoiding a conviction — through diversion, a discharge without conviction, or an acquittal at trial — is so important even for people who have previous convictions that are currently concealed.
Is this different from a discharge without conviction?
Yes. A discharge without conviction (under s106 of the Sentencing Act) means no conviction is ever entered. The clean slate scheme applies to convictions that have already been entered but can now be concealed. The two are entirely separate — a discharge without conviction is available at the time of sentencing, while the clean slate scheme applies automatically after the qualifying period has passed.
How do I know if I qualify?
The best way to check is to apply for a copy of your criminal record from the Ministry of Justice. The clean slate scheme applies automatically if you meet the criteria — you do not need to apply for it separately. If you are unsure whether a particular conviction or sentence affects your eligibility, Sam can advise.