Criminal Records (Spent Convictions) (Application for Expungement) Regulations

CRIMINAL RECORDS (SPENT CONVICTIONS) (APPLICATION FOR PUBLISHING DETAILS Arrangement of Regulations CRIMINAL RECORDS (SPENT CONVICTIONS) (APPLICATION FOR EXPUNGEMENT) Arrangement of Regulations Regulation Regulation 1 CRIMINAL RECORDS (SPENT CONVICTIONS) (APPLICATION FOR EXPUNGEMENT) In exercise of the powers contained in section 49 of the Criminal Records (Spent Convictions) Law (2018 Revision) the Cabinet makes the following Regulations — Citation These Regulations may be cited as the Criminal Records (Spent Convictions) (Application for Expungement) Regulations, 2018. Application for expungement of criminal record (1) Where pursuant to section 15A of the Law, a person wishes to make an application for the expungement of a criminal record, that person may apply to the Board in the manner set out in Form 1 of the Schedule. (2) The application shall be accompanied by a non-refundable application fee of $25.00. Factors relevant to the administration of justice For the purposes of section 16(1)(c) of the Law, in determining whether the expunging of an applicant’s record would bring the administration of justice into disrepute, the Board may consider, among other things, whether — (a) the commission of the offence constituted a threat to the public safety or security of the Islands; Regulation 4 (b) the offence constituted an offence under Part IV (Offences Against the Administration of Lawful Authority) of the Penal Code (2018 Revision) and that offence is a “Category A offence” as defined in section 23 of that Code; the offence resulted in serious personal injury; (d) the commission of the offence caused serious physical injury or psychological harm to another person; (e) the commission of the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, gender, age, mental or physical disability, sexual orientation, or any other similar factor; (f) the offence was a service offence, that is — (i) an offence committed by a constable appointed under the Police Law (2017 Revision); or (ii) an offence that amounts to a betrayal of the standards that the person concerned is bound to uphold, whether or not the offence is committed in the course of duty; (g) the offence constituted a fraudulent transaction relating to contracts and trade and any of the following apply — (i) the value of the fraud committed exceeded fifty thousand dollars; (ii) the offence adversely affected, or had the potential to adversely affect, the stability of the Cayman Islands economy, financial system or investor confidence; (iii) the offence involved a small or large number of victims; (iv) in committing the offence, the applicant took advantage of the high regard in which the applicant was held in the community; (h) the commission of the offence involved cruelty or resulted in harm to a child or vulnerable person; (i) the applicant has a criminal record outside the Islands for an offence that, if it were committed in the Islands, would have been an offence under the Penal Code (2018 Revision) and that offence would have been a “Category A offence” as defined in section 23 of that Code; or (j) the applicant’s criminal record demonstrates a pattern of criminal activity or a pattern of increasing gravity of offending. Grant or refusal of application (1) Where the Board is satisfied that an applicant’s criminal record should be expunged, the Board shall issue the applicant a Certificate of Expungement set out in Form 2 of the Schedule. Regulation 5 (2) Where the Board is not satisfied that an applicant’s criminal record should be expunged, the Board shall notify the applicant in writing of the Board’s decision stating — (a) the reasons for the decision; and (b) that the applicant has a right to seek judicial review of the Board’s decision pursuant to section 48 of the Law. Declaration of expungement (1) Where pursuant to section 15 of the Law, a person’s criminal record is expunged by operation of law and that person wishes a declaration of that expungement, that person may apply to the Board in the manner set out in Form 3 of the Schedule for a Declaration of Expungement. (2) The application shall be accompanied by a non-refundable application fee of $25.00. (3) Where the Board is satisfied that an applicant’s criminal record has been expunged by operation of law pursuant to section 15 of the Law, the Board shall issue the applicant a Declaration of Expungement as set out in Form 4 of the Schedule. (4) Where the Board is not satisfied that an applicant’s criminal record has been expunged by operation of law pursuant to section 15 of the Law, the Board shall notify the applicant in writing of the Board’s decision stating — (a) the reasons for the decision; and (b) that the applicant has a right to seek judicial review of the Board’s decision pursuant to section 48 of the Law. (regulations 2, 4 and 5) FORMS FORM 1 APPLICATION FOR EXPUNGEMENT OF RECORD THE CRIMINAL RECORDS (SPENT CONVICTIONS) LAW (2018 REVISION) THE CRIMINAL RECORDS (SPENT CONVICTIONS) (APPLICATION FOR Surname

Where possible, please provide as much information below in respect of your convictions. Offence(s) for which convicted Sentence Received Date and place (City & Country) Convicting Court Number of years crime-free following the expiry of the

Offence(s) for which you are requesting expungement: Please note that pursuant to section 42 of the Law, “a person shall not be eligible to Offence 1: obtain more than two expungements unless the convictions are for multiple offences for which concurrent sentences were imposed, in which case those sentences shall be considered to be one Offence 2:

I, (referee’s full name in BLOCK LETTERS)______________________________ of (current address)______________________________________________________ have known the applicant personally for ________________ years and I support his/her application for Expungement of Record. Occupation: _______________________________________________ Referee’s telephone number:_________________________ Signature of referee:________________________________ Please note that a letter of reference may also be submitted. 2. I, (referee’s full name in BLOCK LETTERS)______________________________ of (current address)_______________________________________________________ have known the applicant personally for ________________ years and I support his/her application for Expungement of Record. Occupation: _____________________________________________ Referee’s telephone number:_________________________ Signature of referee:________________________________ Please note that a letter of reference may also be submitted.

Statement of Consent I (name of applicant or parents if applicant is under years of age)______________________________ do hereby give my consent to inquiries being made by the Expungement Board of the Cayman Islands which are relevant to determining: a. whether I am eligible to make this application; b. whether the provisions of Section 13 of the Criminal Records (Spent Convictions) Law, (2018 Revision) apply to my application; and, whether approving an expungement of my criminal record would bring the administration of justice into disrepute. Signed:_______________________________

Declaration (if applicant is 18 years of age or over) I, (full name) ______________________________________________________ declare that to the best of my knowledge the information given in this application is correct. I promise to inform the Expungement Board in writing of any change in

Declaration (if applicant is under 18 years of age) I/we, (full name of _______________________________________________________________________ declare that to the best of my/our knowledge the information given in this application is correct. I/we promise to inform the Expungement Board in writing of any change in FORM 2 CERTIFICATE OF EXPUNGEMENT OF CRIMINAL RECORD PURSUANT TO SECTION 6(2) OF THE CRIMINAL RECORDS (SPENT CONVICTIONS) LAW (2018 REVISION) The Expungement Board, pursuant to section 6(2) of the Criminal Records (Spent Convictions) Law (2018 Revision) hereby expunges the following convictions in respect of - (Insert name of applicant)(Insert date of birth) [Affix Seal of the Board] CHAIRPERSON, SECRETARY, EXPUNGEMENT BOARD EXPUNGEMENT BOARD FORM 3 APPLICATION FOR DECLARATION OF EXPUNGEMENT THE CRIMINAL RECORDS (SPENT CONVICTIONS) LAW (2018 REVISION) THE CRIMINAL RECORDS (SPENT CONVICTIONS) (APPLICATION FOR 1.Surname 2.Given Names 3.Aliases or any other names by which you may be known 4.Contact numbers 5.Email Address 6. Date of Birth 7.Country of Birth and current Nationality 8.Residential Address 9.Previous residential addresses in the last 5 years 10. Postal address 11.Occupation 12.Address of employer 13. Where possible, please provide as much information below in respect of your convictions. Offence(s) for which Received Date and place (City & Country) Convicting Court Number of years crime-free following the expiry of the 14.Offence(s) for which you are requesting a Declaration Offence 1: Offence 2: 15.Statement of Consent I (full name)____________________________________________________________ do hereby give my consent to inquiries being made by the Expungement Board of the Cayman Islands which are relevant to determining: (i) whether I am eligible to make this application; and (ii) whether the provisions of Section 15 of the Criminal Records (Spent Convictions) Law, (2018 Revision) apply to my application. Signed:_______________________________ 16.Declaration I, (full name) ______________________________________________________ declare that to the best of my knowledge the information given in this application is correct. I promise to inform the Expungement Board in writing of any change in circumstance which may affect the accuracy of the information given while the application is being processed. _________________________

Declaration (if applicant is under 18 years of age) I/we, (full name of parents)_____________________________________________________________ declare that to the best of my/our knowledge the information given in this application is correct. I/we promise to inform the Expungement Board in writing of any change in FORM 4 DECLARATION OF EXPUNGEMENT BY OPERATION OF LAW PURSUANT TO SECTION 15 OF THE CRIMINAL RECORDS (SPENT CONVICTIONS) LAW (2018 REVISION) Pursuant to section 15 of the Criminal Records (Spent Convictions) Law (2018 Revision) it is hereby declared that the following convictions in respect of - (Insert name of applicant)(Insert date of birth) have been automatically expunged. [Affix Seal of the Board] CHAIRPERSON, SECRETARY, EXPUNGEMENT BOARD EXPUNGEMENT BOARD Made in Cabinet the 5th day of June, 2018. Kim Bullings Clerk of the Cabinet.