Criminal Record - do we have hope?

[Sam & Rasta 0]

I agree with the previous posters who encourage you to walk with a wad of cash- in Jamaica all it tek is a "ting" to solve any administrative problems. It is what it is.

Thanks to all who've replied here and privately. My husband has told me much the same many of your have; it can go away. We have a friend who's nephew was in a similar situation and got the record expunged. Hubby is going to Kingston tomorrow to apply for expungement and bringing cash, after all it is the Jamaican way! I am keeping the faith!

Don't be surprised if your hubby called you and say he is arrested for bribery. The police department is very strict against officers taking bribes, even this morning 3 were in jail for trying to expunge a simple traffic ticket. A few civillians have been arrested recently for bribery. Follow the Jamaican news. He betta know what he is doing.

Well, the expungement that he looked into today is part of Jamaica's rehabilitation act. He was told there would be no problem, but he didn't know he needed his passport. Back to Kingston tomorrow. Also, his cousin is an officer at the constabulary <sp> and is guiding him through the process.

[JOURNEE1125 0]

I agree with the previous posters who encourage you to walk with a wad of cash- in Jamaica all it tek is a "ting" to solve any administrative problems. It is what it is.

Thanks to all who've replied here and privately. My husband has told me much the same many of your have; it can go away. We have a friend who's nephew was in a similar situation and got the record expunged. Hubby is going to Kingston tomorrow to apply for expungement and bringing cash, after all it is the Jamaican way! I am keeping the faith!

Good Luck, most polica and court issues in Jamaica can be resolved with cash!

Edited April 24, 2009 by JOURNEE1125

[JAPrincess 27]

Sam, I'm interested to know what happened here....

[Sam & Rasta 0]

Sam, I'm interested to know what happened here....

We're still waiting on the Ministry of Security. Wish I had a better update.

[^KK^ 3]

best wishes sam!!!

[*JG* 2]

Sam, I'm interested to know what happened here....

We're still waiting on the Ministry of Security. Wish I had a better update.

Nothing really moves quickly in JA does it?

[TRELAWNY PARISH 10]

Sam, I'm interested to know what happened here....

We're still waiting on the Ministry of Security. Wish I had a better update.

Nothing really moves quickly in JA does it?

HELL NO...well, maybe if you have the right amount of $$$$$$$$$$$$$$ (damn) did I just type that?

[*JG* 2]

It's possible. If it doesn't just go away.....it will be a problem.

Best of luck.

[^KK^ 3]

any update sam?

[Jamaican JNR 2]

Yardies,

My excitement about our recent NOA2 is quickly being deflated. We've had a potential issue looming over our heads regarding a 1999 marijuana conviction my husband had in Jamaica; we was over 18. He served 3 months in prison and has had no other criminal issues. When we first researched what we needed to do for immigration, I naturally was concerned about this. Two immigration attorneys I spoke with both said a 10-year-old, 3 month conviction wouldn't be a problem.

Now as I'm reading the ineligibility requirements (for the upteenth time!) I'm really getting worried. It seems this could flat out make him ineligible, no hope! We're looking into getting the conviction expunged, but the Jamaican ministry site says this could take 6 months, and the immigration site seems to indicated that even an expunged record will still show up for immigration purposes.

Are we totally screwed??? Any thoughts or suggestions would be much appreciated!

Sam

In my opinion you are not screwed. Tell the truth at the visa interview.

[sus 70]

From today's Gleaner:

Wiping the slate clean - Expungement of a criminal record

Published: Monday | August 10, 2009

Welcome to The Gleaner's newest feature, In the Name of Justice. In collaboration with the Ministry

of Justice, The Gleaner will be seeking to get you all the answers you need on the justice system. Send questions, comments or suggestions to editor@gleanerjm.com and the Ministry of Justice will respond.

George Green* was sentenced to two years in prison for attempting to smuggle cocaine out of the island. He served his full term and was placed back in society. He is eager to move on with his life and vows never to return to a life of crime.

So Green entered university, earned a degree and is ready to take on the world. The trouble is, his criminal record is preventing him from securing a job, to get visas and other things.

He said he has been rehabilitated, but feels he is still being punished for actions he has already paid for.

Certain requirements

According to the Ministry of Justice, Green can apply for expungement. Expungement, essentially, is having a conviction removed from one's criminal/ police record after a specific period of time has elapsed and after certain requirements have been met.

The statute which authorises the expungement of criminal records is the (Rehabilitation of Offenders) Act, 1988.

The principle underlying this provision is that a person who has made a sincere and successful attempt to live down a conviction should be given the opportunity to start afresh without being haunted by an unfortunate past.

In order to qualify, two essential conditions must be satisfied by an individual:

1 The offence in question must be one which attracts a non-custodial sentence or sentence of imprisonment not exceeding three years.

2 The person in question must not have had any other convictions during a specified period of time referred to as the 'rehabilitation period'.

What is a rehabilitation period?

The rehabilitation period is simply the time that a person must wait before an application can be made for the expungement of a conviction. This period varies according to the sentence imposed by the court and ranges from a minimum of six years for non-custodial sentences to a maximum of 20 years for custodial sentences.

The rehabilitation period is calculated from the date of the expiration of the term of imprisonment in the case of custodial sentences, and in other cases upon the satisfaction of the court's sentence.

See table below.

Offences for which a sentence exceeding three years is imposed by the court would not be eligible for expungement.

How is expungement obtained?

Phase 1

In the first phase, the conviction is referred to as 'spent' after the lapse of the rehabilitation period.

Phase 2

In the second phase, the conviction is expunged or removed from the record after the lapse of a further rehabilitation period of equal duration to the first rehabilitation period.

Procedure to apply for expungement

Attend the Ministry of Justice customer service desk (10th floor, South Tower, NCB Towers, 2 Oxford Road, Kingston 5) and request an application form in duplicate.

Have your fingerprints taken at any police station or the Fingerprinting Division, 34 Duke Street, Kingston.

Submit the application form (in duplicate) along with fingerprints to the customer service representative at the Ministry of Justice.

The application is reviewed by the Criminal Records (Rehabilita-tion of Offenders) Board.

Following the review of the application by the board, if the applicant is eligible, contact is made with the referees and associates of the applicant requesting recommendation.

The applicant will be asked to pay a prescribed fee of $1,000 for the fingerprint search. This should be paid to the cashier in the payment division of the Ministry of National Security, North Tower, NCB Towers, 2 Oxford Road, Kingston 5, and a receipt collected and then handed to the customer service representative at the Ministry of Justice.

A police report is then requested from the Criminal Records Office.

After all the required information is received, a final review is made by the board and a decision taken.

Note: The only payment required for this process is the fee for the fingerprint search.

Processing Period

The specified time period to have records expunged may take up to one year.

*Name changed upon request.

Sentence Rehabilitation period Total waiting period

Where the sentence imposed does

Three years Six years

not include imprisonment

Sentence being imprisonment not

Five years 10 years

exceeding six months

Sentence being imprisonment more

than six months but less than 18 months

Eight years 16 years

Sentence being imprisonment more than

18 months but less than three years

10 years 20 years

[*JG* 2]

On top of things, Sus.

[MsSheka 0]

Yardies,

My excitement about our recent NOA2 is quickly being deflated. We've had a potential issue looming over our heads regarding a 1999 marijuana conviction my husband had in Jamaica; we was over 18. He served 3 months in prison and has had no other criminal issues. When we first researched what we needed to do for immigration, I naturally was concerned about this. Two immigration attorneys I spoke with both said a 10-year-old, 3 month conviction wouldn't be a problem.

Now as I'm reading the ineligibility requirements (for the upteenth time!) I'm really getting worried. It seems this could flat out make him ineligible, no hope! We're looking into getting the conviction expunged, but the Jamaican ministry site says this could take 6 months, and the immigration site seems to indicated that even an expunged record will still show up for immigration purposes.

Are we totally screwed??? Any thoughts or suggestions would be much appreciated!

Sam

Don't be discouraged that's the least(getting it removed) there are people who have done worst and are here TRUST ME! $$$$$ works like magic (don't know about them trying to see if he had expunge though) but don't worry what you should do before you spend is have him get his record from the main head office in Kingston and whatever it shows on there my husband says that's what they will see, but he also says sometimes due to lack of technology in most areas the case might not even SHOW UP

[brownnskinn 0]

bring some money, alot of money when going for the record..sorry it is what it is!

I'm not Jamaican but I agree.....

[^KK^ 3]

I hope you're holding up well.