Bill: Passed Criminal Expungement Redo Amendment Act

[multiman155]

Author: Multi Man, MP
Sponsor: N/A
Type: Amendment to An Act

A
BILL
TO
MODERNIZE THE CRIMINAL EXPUNGEMENT REDO ACT​

Preamble: The Criminal Expungement Redo Act refers to public defenders from the Ministry of Justice. We don't presently have public defenders in the Ministry of Justice, and our law should not rely upon their existence in expungement proceedings. The bill is thus re-written to modernize the expungement process: it permits pro se expungement requests and re-works the expungement system to be more modern and robust against gaming by criminals.

1. Short Title and Authorship
(a) This may be referred to as the "Criminal Expungement Redo Amendment Act".
(b) This amendment act was written by Multi Man, MP.

2. Amendment
(a) Sections 2-3 of The Criminal Expungement Redo Act are amended as follows:

2 Definitions
(a) Criminal Expungement: a process where a former criminal, who has been crime-free for 30 days, can work with a Public Defender from the Ministry of Justice or a private lawyer to erase their criminal record.

3 Expungement Process
(a) A citizen crime-free for 30 days may contact the Ministry of Justice or its Public Defender(s) to request expungement of their criminal record.
(b) The citizen and/or citizen'sPublic Defender or private lawyer will review the citizen's criminal record to ensure they have been crime-free for the last past 3060 days. The citizen and/or citizen's lawyer will submit this record for the Ministry of Justice's independent review and approval.
(c) The citizen must pay $100 per crime they want expunged from their record. If using a Public Defender, an additional fee of up to $300 applies.
(cd) If a citizen requests expungement the Ministry of Justice confirms that the citizen has been without being crime-free for the last 3060 days preceding the Ministry's receipt of a citizen's criminal record in an expungement request, they the citizen will be fined $100 per crime by the Ministry of Justice and the citizen's criminal records will be expunged. This fine goes to the Public Defenders if they were involved; otherwise, it goes to the government.
(e) If a Public Defender from the Ministry of Justice is unavailable or the citizen prefers, they may hire a private lawyer instead.
(f) Citizens who cannot pay the $300 Public Defender fee or afford a private lawyer can apply for a financial assessment through the Ministry of Justice. Based on the assessment, they may receive fee reductions or waivers, which must be used for a Ministry of Justice Public Defender.

Enactment: This act comes into force immediately upon passage.