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Living Down a Criminal Record: Problems and Proposals

NCJ Number
108732
Date Published
1985
Length
32 pages
Annotation
Those with criminal records may experience difficulties in finding employment, traveling or settling abroad, and have other problems related to the stigma of having a record.
Abstract
Some solutions to these problems have included concealing records, removing disabilities, and passing antidiscrimination legislation. While society has an interest in protecting its citizens from those who break the law, it also has an interest in providing real incentive for offenders to rehabilitate themselves and become responsible members of society. Under current New Zealand law, there are no provisions for dealing with the problems of the past criminal record. It is, therefore, recommended that New Zealand adopt a method for sealing records of conviction after an appropriate rehabilitation period with no further convictions. It should be made unlawful to discriminate on the basis of prior conviction, except where a direct relationship exists between the conviction and the area of concern. Protection from republication of a criminal record should be offered after a 5-year rehabilitation period, and after a 10-year rehabilitation period, there should be no circumstances under which the prior conviction could be used as a basis of discrimination.