NCJ Number
55959
Date Published
1977
Length
7 pages
Annotation
A MODIFICATION OF THE ENGLISH REHABILITATION OF OFFENDERS ACT IS SUGGESTED FOR TASMANIA, AUSTRALIA, STATING THAT PERSONS NEEDING INFORMATION ON ANOTHER'S PAST CRIMINAL HISTORY MUST COME BEFORE THE COURT WITH AN AFFIDAVIT.
Abstract
THE BRITISH ACT PROVIDES FOR A 'REHABILITATION PERIOD' FOR ANYONE WHO HAS EVER BEEN CONVICTED OF A CRIME BUT HAS NOT BEEN SENTENCED TO MORE THAN 2.5 YEARS IN PRISON. IF NO FURTHER OFFENSES OCCUR DURING THE REHABILITATION PERIOD, THE OFFENSE IS TREATED AS 'SPENT' AND DOES NOT NEED TO BE DISCLOSED WHEN JOBHUNTING, APPLYING FOR INSURANCE, OR JOINING AN ORGANIZATION. SOME EUROPEAN COUNTRIES SEAL PAST CRIMINAL RECORDS AFTER A REHABILITATION PERIOD WHILE THE UNITED STATES AND CANADA HAVE CONSIDERED SOME SORT OF ANNULMENT PROCEDURE. SUCH A SYSTEM IS NOT RECOMMENDED FOR TASMANIA. SOME CONVICTIONS MIGHT BE RELEVANT TO CERTAIN OCCUPATIONS; IN CASES OF EMPLOYMENT INVOLVING PERSONAL OR NATIONAL SECURITY THERE COULD WELL BE A LEGITIMATE REASON TO KNOW A PERSON'S FULL HISTORY. ALSO, IN TASMANIA THE PRESS IS GENERALLY RESPONSIBLE AND THE DEFAMATION LAWS DO NOT ALLOW TRUTH AS A COMPLETE DEFENSE IN A CIVIL ACTION. HOWEVER, THE GOVERNMENT SHOULD PUT LIMITS ON THE DISCLOSURE OF PAST CRIMINAL CONVICTIONS, AND A PERSON SHOULD NOT BE REQUIRED TO DIVULGE SUCH INFORMATION ROUTINELY. INSTEAD, THOSE WHO HAVE A RIGHT TO KNOW SHOULD COME BEFORE THE COURT WITH AN AFFIDAVIT. IF THE JUDGE ORDERS DISCLOSURE, IT SHOULD BE CONFINED TO THAT PART OF THE RECORD WHICH IS RELEVANT. (GLR)