_{Photo: Section 30 of the Criminal Records (Rehabilitation of Offenders) Act 2024}

All provisions of the Criminal Records (Rehabilitation of Offenders) Act were brought into force except section 30.

by Marco Lopez

BELIZE CITY, Thurs. Aug. 1, 2024

Section 30 of the Criminal Records (Rehabilitation of Offenders) Act applies to individuals convicted of specific offenses, or under the Misuse of Drugs Act, where the penalty is a fine not exceeding BZD$50,000. This significant provision states that eligible individuals are entitled to automatic expungement, regardless of whether the rehabilitation time has expired.

This provision, which could wipe the slate clean for many small-scale marijuana dealers and users who have had run-ins with the law, was not brought into force with the other provisions of the Criminal Records (Rehabilitation of Offenders) Act.

A Commencement Order signed and issued by the Minister of Human Development, Families, and Indigenous Peoples’ Affairs, Hon. Dolores Balderamos Garcia on July 30, 2024, set the enforcement date of the provisions for August 1, 2024, Emancipation Day.

Provisions of Parts I, II, and IV of the Act were brought into force, and all “the provisions of Part III other than section 30.”

The enactment of this piece of legislation is in line with the government’s criminal justice system reform goals. Along with the Alternative Sentencing Act 2024 and the Criminal Procedure (Plea Discussion and Plea Agreement) Act 2024, the Criminal Records (Rehabilitation of Offenders) Act seeks to guide an efficient criminal justice system capable of investigating and adjudicating offenses, foster rehabilitation, and initiatives for offenders to reintegrate into society.

This includes the expungement of criminal records.

The commencement of this legislation, done on the Emancipation Day holiday, however, falls ironically short of what is needed for members of the communities who are burdened with negative criminal records.

Notes issued by the Attorney General’s Ministry following the enactment of the three pieces of legislation earlier this year states, “Having a criminal record could have serious consequences for an individual, since it is often taken into consideration when applying for a job, obtaining a license, applying for a visa or applying for membership to bodies, institutions which serve the public.”

It goes on to state, “The stigma of a criminal record is particularly unfair and unjust when the crime would have been committed when the person was a youth.”

While the enactment of section 30 has been delayed, the Act does provide for persons who have fully complied with the conditions of any sentence imposed, and who have not been convicted of any other offenses over a prescribed time, to be eligible for expungement of any conviction.

This is with the exception of those listed in Schedule III of the act, namely, serious offenses, sexual offenses, and certain drug convictions.

While this is a step forward to mending society and creating a better criminal justice system, the delay in enacting section 30 is particularly impactful on Emancipation Day, a day meant to celebrate freedom and liberation.

For the descendants of enslaved Africans who have been disproportionately affected by criminal records related to small-scale marijuana sales, this delay could be seen as a continuation of systemic injustice. It denies them the opportunity to fully participate in the changes brought about by the new legislation.