Information on Criminal Records Act 2018 (Expungement of Convictions for Historical Homosexual Offences)

The Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 is a significant piece of legislation in New Zealand's history, addressing past injustices experienced by individuals convicted of homosexual offences prior to the decriminalization of homosexuality. This act, which came into effect on April 10, 2018, represents New Zealand's commitment to correcting historical wrongs against the LGBTI community.

The act was precipitated by the Homosexual Law Reform Act of 1986, which decriminalized homosexual acts between consenting adults. Despite this reform, individuals who had been convicted under the previous laws continued to bear the stigma and legal repercussions of their convictions. The Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 aimed to rectify this by enabling the expungement of these historical convictions.

The bill was introduced by Amy Adams, the then Justice Minister, and received broad support across political parties. It was marked by poignant discussions in Parliament, highlighting the profound impact of these convictions on individuals' lives. Finance Minister Grant Robertson, in a personal speech, emphasized the damage caused by the criminalization of homosexuality, stating that it not only destroyed lives and potential but also led to the loss of hundreds, possibly thousands, of lives due to the shame and stigma attached to these convictions.

A key aspect of the act is that it allows individuals, or their representatives if deceased, to apply for the expungement of convictions for homosexual offences. If successful, these convictions would not appear on criminal history checks, and it would be an offence to disclose such expunged information. This provision is crucial for ensuring that the individuals affected are not continually penalized for actions that are no longer considered criminal.

Furthermore, the act distinguishes between expungement and pardon. Expungement involves the removal of a conviction for conduct that was criminal at the time, while a pardon under New Zealand law implies that the convicted individual never committed the conduct. The legislation focuses on convictions between 1908 and 1986 that meet the criteria for expungement. Statistics New Zealand records indicate that nearly 1000 men were convicted of indecency between 1965 and 1986, with 138 receiving prison sentences and others fined or given community-based sentences.

The passage of the act also involved an official apology from the New Zealand Parliament, recognizing the tremendous hurt and suffering caused to the convicted individuals and their families, and acknowledging the continued effects of these convictions. This apology was a crucial component of the legislative process, signifying a formal acknowledgment of past wrongs by the state.

Further information can be found at:

• nzherald.co.nz