By Anthony Henry

Minister of Justice and Constitutional Affairs Delroy Chuck has tabled amendments to the Criminal Records (Rehabilitation of Offenders) Act, aimed at widening eligibility for expungement and strengthening Jamaica’s framework for rehabilitation and second chances.

Addressing the House of Representatives on Tuesday, Chuck said the proposed reforms seek to make the justice system more equitable by allowing more rehabilitated offenders to clear their records and reintegrate into society.

“Many Jamaicans who have served their time and sought to reform their lives still face immense obstacles in gaining employment, travelling, or simply being treated with dignity because of the existence of their criminal record,” he told Parliament. “Persons who have paid their debt to society and who have benefitted from reform and rehabilitation should be afforded a second chance to live a life unhampered by the challenges associated with having this criminal record.”

The amendment bill raises the threshold for eligibility, allowing the Criminal Records (Rehabilitation of Offenders) Board to consider applications from individuals who served sentences of up to ten years; an increase from the current five-year limit. The measure is expected to open the door to hundreds of deserving applicants who were previously excluded.

Other key provisions include establishing a list of factors to guide the Board’s decisions, expanding automatic expungement for old non-custodial convictions, and permitting the review of certain foreign convictions that have already been expunged in other jurisdictions. The bill also introduces a new 15-year rehabilitation period for those who served between five and ten years, with an eight-year period for juvenile offenders in the same category.

Chuck said between 2022 and 2024, the Board refused 1,088 applications, many due to existing limitations in the law. He argued that the changes will align Jamaica more closely with global best practices, citing examples from Canada and The Bahamas, where a wider range of offences may be considered for expungement.

The amendments also propose to expand the membership of the Board to ensure it is adequately resourced and to update outdated judicial terms, replacing “Resident Magistrate” with “Judge of the Parish Court”.

“These amendments are deliberate, proportionate, and reflect a justice system that is both accountable and compassionate,” Chuck said. “Individuals who have paid their debt to society and demonstrated true rehabilitation deserve an opportunity to fully reintegrate and contribute to national life.”

The Justice Minister acknowledged differing views on the scope of reform but said the Government remains guided by the principle of balancing accountability with opportunity.

“We welcome robust debate on this matter,” he added. “As a Government, we exist to give meaningful effect to the will of the people and to shape policy in a manner that reflects both justice and the evolving values of our society.”