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Bill: Rescinded The Criminal Expungement Act

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CityRP2

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Jun 26, 2024
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Author: Elaina Thomas MP
Sponsor: N/A
Type: Act of Parliament

A
BILL
TO

Allow for those who have remained free of committing crimes for 30 days the opportunity to have their criminal record wipe and a second chance at living a life free of crime

Preamble: The purpose of this bill is to give former criminals the opportunity to have their criminal records expunged after 30 days of no criminal activity on their criminal record, allowing them to apply to the Ministry of Justice, among other things.

1. Definitions
(a) Criminal Expungement: the process in which a former criminal has been free of committing crimes for 30 days and may work with the Public Defender in the Ministry of Justice to have their criminal record erased.

2. Process
(a) A citizen who has remained free of committing crimes for 30 days may contact the Ministry of Justice and its Public Defender to request that their criminal record be expunged.
(b) The Public Defender will work with the citizen to go over their criminal record and ensure that they meet the criteria of having had their criminal record free of crime for the last 30 days.
(c) The citizen agrees and is able to pay a fine of $100 per crime listed on their criminal record as well as a fee of up to $500 to pay the Public Defender for their time.
(d) The Chief of Police or Deputy Chief of Police will fine the citizen at a cost of $100 per crime listed on their criminal record as well as the fee of up to $500 required to pay the Public Defender and their criminal record will be deleted.
(e) If the citizen falsely opens up an expungement request with the Ministry of Justice by not first ensuring that their criminal record is free of criminal activity for the last 30 days, the citizen will be fined at a cost of $100 and the $100 will go to the Public Defenders of the Ministry of Justice.
(f) Should there not be a Public Defender from the Ministry of Justice available to represent the citizen and their case, citizens may choose to instead hire a private lawyer.
(ii) Citizens are not able to hire a private lawyer to represent their case if there is a Public Defender available to handle their case, and must instead use the Public Defender through the Ministry of Justice

Enactment: This Act comes into force immediately upon passage
 
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