The Expungement Order online application can be made to obtain an expungement order further to section 6 of the Expungement of Convictions Act 2020.
Successful applicants will obtain expungement for an offence of simple possession of cannabis (7 grams or less) committed before 20 December 2017. After that date, simple possession was decriminalised by the Misuse of Drugs (Decriminalisation of Cannabis) Amendment Act 2017.
Steps to make an Expungement application are as follows:
Complete the Expungement Order Online application on the Ministry of Legal Affairs and Constitutional Reform website’s ‘Online Services’ link: forms.gov.bm/expungement
Respond to any email request by the Ministry for further information.
Receive a decision by email from the Ministry in the form of an Expungement Order or declining the application.
The process for successfully completing and making the application is outlined below in further detail.
Filling out the Application
Applicants are required to complete all fields of the Expungement Order application, including the field at the end of the application agreeing to the contents of the application. The application will not be processed by the Ministry if it is incomplete or if it is completed incorrectly. The Ministry may email requesting additional information required to process the application.
Authorization to Obtain Criminal Records etc.:
It should also be noted that the form contains authorization for the Ministry to obtain the Applicant’s criminal records from the Bermuda Police Service (BPS) and the Bermuda Courts, and to share with them the application and any and all other information resulting from making this application.
Where the Applicant applies on behalf of another person, the authorization is given by the Applicant to likewise obtain and deal with the criminal records of that other person.
Applications re Deceased Persons:
Where the Applicant is applying to expunge the record of a deceased person or on behalf of someone with a physical or mental disability per section 6(4), a copy of all documentation verifying relationship and authorizing making application on behalf of the party seeking expungement, must be attached or otherwise delivered to the Ministry of Legal Affairs and Constitutional Reform, before the application will be processed. Information provided with the application, is collected under the authority of the Expungement of Convictions Act 2020 for the purpose of processing the Applicant’s request for an Expungement Order pursuant to section 6.
Submitting the Application
This application is required to be submitted online via the Ministry of Legal Affairs and Constitutional Reform’s web portal or forms.gov.bm/expungement. The Applicant will receive email confirmation of receipt of the application as well as of a final decision.
Expungement Order or Refusal
Successful applicants will receive an ‘Expungement Order’ by the email address provided on the application.
If the application is refused the applicant will be notified in writing within seven days from the date of refusal. Reasons for the refusal will be provided. The applicant will also be informed of his/her right of appeal.
Refusals may be appealed to the Supreme Court setting out the grounds of appeal within 21 days after being notified in writing of the decision in keeping with the Expungement of Convictions Act 2020. Appeals of a refusal may not be considered by the Minister.