请教一下， 刑事犯罪后clean slate怎么做，谢谢（已经回答）

20080428

RT

帮朋友问问， 她正在办移民加拿大， 需要新西兰的无犯罪证明
刚刚发现她有刑事犯罪记录 （之前有次警察查车把他们当修路的，没停车，最后被告上法庭了）

请问这事clean slate好办吗？ 她现在在国内， 08年离开的新西兰

谢谢！

AMICUS_LAW

您好，也许您误解了clean slate的意思。在新西兰，clean slate属于（passive action), 就是无需填写，可以保持沉默，不用告知，而不是办理呃意思。

意思是，在某些定罪成立后7年，没有再犯，在法律上可以被认定为没有历史，也不用告诉他人，这是自动的，不需要申请。

参考一下条款：

Application of clean slate scheme


(1) The clean slate scheme applies to every question asked about, and every request made for the disclosure of, an eligible individual's criminal record or information about an eligible individual's criminal record whether asked or made on or after the commencement of this Act.


(2) The clean slate scheme applies—

(a) to all sentences, whether imposed before or on or after the commencement of this Act; and


(b) to all specified orders, whether made before or on or after the commencement of this Act.


14 Effect of clean slate scheme on eligible individual


(1) If an individual is an eligible individual, he or she is deemed to have no criminal record for the purposes of any question asked of him or her about his or her criminal record.


(2) An eligible individual may answer a question asked of him or her about his or her criminal record by stating that he or she has no criminal record.


(3) Nothing in subsection (1) or subsection (2)—

(a) prevents an eligible individual stating that he or she has a criminal record, disclosing his or her criminal record, or consenting to the disclosure of his or her criminal record; or


(b) authorises an individual to answer a question asked of him or her about his or her criminal record by stating that he or she has no criminal record if the question is asked—

(i) under the jurisdiction of the law of a foreign country while an eligible individual is outside New Zealand; or


(ii) while he or she is in New Zealand but relates to a matter dealt with by the law of a foreign country (for example, a question asked on an application form by the immigration or customs agency of a foreign country).