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The Clean Slate Rule in New Zealand

New Zealand's clean slate scheme (the Criminal Records (Clean Slate) Act 2004) does something many people never learn: after 7 years without any conviction, eligible convictions are concealed automatically — and you can lawfully answer "no" to most convictions questions. No application, no fee, no ceremony. The value is in knowing whether you qualify and where the scheme does not reach. Call 0800 461 100 free, any hour, to check your position.

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Clean Slate at a glance

The core rule

7 years since your last conviction, with the criteria met, and eligible convictions are concealed automatically — you may answer "no convictions" for most purposes

Who is never eligible

Anyone ever sentenced to imprisonment (or other custodial sentences), and convictions for specified serious (mainly sexual) offences

Other criteria

No convictions of any kind in the last 7 years, fines and reparation paid, no current disqualification-type orders in force

Where it does NOT apply

Overseas authorities and visa forms, and defined exceptions — certain justice-sector and child-related roles among them

Automatic

There is no application: if you qualify, a standard NZ criminal record check comes back clean

How the scheme works

The scheme is self-executing. Once 7 conviction-free years have passed and the criteria are met, government agencies must conceal the eligible convictions in response to most record requests, and you are legally entitled to say you have no convictions in response to most questions — job applications included. Convict again, and concealed convictions resurface until a fresh 7 years accrues.

The criteria beyond the 7 years: never sentenced to imprisonment or an equivalent custodial sentence, no specified serious offences, fines and reparation paid, and no live orders of particular kinds. The custodial bar is lifetime and absolute: one prison sentence, ever, and the scheme never applies. Talk it through with a lawyer now →

What it covers — and the standard traps

Covered: most New Zealand purposes — employment questions, standard Ministry of Justice record checks, insurance and rental forms asking about convictions. Not covered: the border. Other countries' visa and entry forms are governed by their law, not ours — a US or Australian form asking about convictions (or arrests) must be answered on the full history, and answering it "clean slate" style can be treated as fraud by the destination country. The other trap is the exception list: applications for certain roles — police, corrections, judicial and some child-protection-related positions — sit outside the scheme, and those forms say so. Talk it through with a lawyer now →

Clean slate and job applications

For most New Zealand jobs, a qualifying person answers "no" to a convictions question, and the standard record check agrees. An employer who somehow learns of a concealed conviction and holds it against you is acting against the scheme's design — and dismissing or disadvantaging someone for a concealed conviction raises real employment-law issues. If you're mid-application and unsure how to answer a specific form, get the wording checked before you sign it — the free line can do exactly that. Talk it through with a lawyer now →

If you don't qualify

A prison sentence or a specified offence means the scheme never applies — but that is not quite the end of the conversation. Discharge-without-conviction outcomes were never convictions at all; some old matters people "remember" as convictions were diversions or withdrawals; and the way a record is presented and explained to an employer or licensing body still makes a practical difference. Knowing exactly what your record says — order a copy of it — is the first step; the free line can explain what each entry means. Talk it through with a lawyer now →

Checking your clean slate position

Count the 7 years and check the criteriaLast conviction date, any custodial sentence ever, fines and reparation paid. If it all lines up, concealment is already in effect — automatically.

Answer forms accurately for their contextNZ employment forms: the clean slate answer. Overseas visa and border forms, and excluded roles: the full-history answer. Read what each form actually asks.

Unsure? Check before you signCall 0800 461 100 free, any hour, with the form in front of you — and book a NZ$295 (GST inclusive) consultation with a New Zealand lawyer on the call if your situation needs one.

Clean Slate — your questions answered

Do I have to apply for the clean slate?

No. It is automatic: qualify, and agencies must conceal the eligible convictions in standard checks, and you may answer "no convictions" for most New Zealand purposes. There is no form and no fee.

Does the clean slate erase my record?

No — it conceals, not deletes. The record still exists and is visible in the excepted contexts (and to you). Reoffend and it resurfaces until you re-qualify.

Can I answer "no convictions" on an Australian or US visa form?

No. Overseas forms are governed by that country's law, and they see through — and are entitled to ask beyond — New Zealand's scheme. Answer border and visa forms on your full history; a wrong answer there is a far bigger problem than an old conviction.

A drink-driving conviction from 10 years ago — is it concealed?

If you were fined and disqualified (no prison), have stayed conviction-free for 7 years, and paid what was ordered — very likely yes for standard NZ purposes. Note that some driving-record contexts and insurer questions have their own rules; read the specific question.

An employer found out about a concealed conviction and withdrew the offer. Can they do that?

The scheme entitles qualifying people to be treated as conviction-free for most employment purposes, and penalising someone over a concealed conviction cuts against it — potentially raising employment-law and privacy issues. Get advice quickly; these situations are very winnable when handled early.