People imprisoned for a range of crimes will have their criminal records struck off in half the time they must currently wait once they serve their term, the government proposed in a white paper on Wednesday.

The reform, an electoral pledge, is meant to give offenders a second chance and make it easier for them to find a job and reintegrate into society, Justice Minister Jonathan Attard and Parliamentary Secretary Rebecca Buttiġieġ told a press conference. 

Buttigieg explained that the reform is not a carte blanche and certain serious crimes will not be removed from criminal records.

Those that won't be eligible include homicide, femicide, crimes against humanity, slander and perjury, recidivism in drug trafficking, recidivism in theft and recidivism in fraud. Crimes against government security will also not be removed from the police conduct. 

The time until a crime no longer appears on a police conduct will depend on the severity of the crime and the sentence. Photo: Justice MinisterThe time until a crime no longer appears on a police conduct will depend on the severity of the crime and the sentence. Photo: Justice Minister

The proposed reform will also enable offenders to request the removal of an offence from their record if it has subsequently been decriminalised.

Those convicted of simple possession of drugs for personal use will be able to request that their crime be removed from their record immediately - extending a provision first introduced for cannabis-related possession to other substances. 

Furthermore, those leaving prison may request a supplementary certificate of good conduct, attesting to their good behaviour and courses they would have followed, should that be the case. The certificate will be issued by a board composed of representatives of the police, the correctional facility, the Justice ministry and the Parole board. The certificate would be immediately revoked should the individual commit another crime. 

“We have heard many stories of former prison inmates finding it difficult to get a job because their crimes continue to show up on their conduct sheet," Buttiġieġ said.  

"These measures are meant to encourage prison inmates to behave well and engage in reform programmes, while also giving potential employers a full picture of job applicants." 

Seriousness of crime taken into account

Attard said the length of time that a crime appears on the record will depend on its seriousness and the court sentence. 

Currently, sentences with convictions of more than 10 years in prison are removed from the conduct sheet 10 years after the sentence would have been served. That will be cut by half, to five years.  

Sentences with a conviction of less than six months will be removed after three months instead of the current six. 

"We believe that in a humane society, everyone makes mistakes and we should provide solutions for those who wish to reintegrate back into society," Attard said.

The public consultation will be open until May 29.

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