Section 12Part 3 — EXPUNGEMENT OF CONVICTIONS
Convictions that cannot be expunged
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The following convictions cannot be expunged —
a conviction for an offence specified in Schedule 2;
a conviction resulting in a sentence of imprisonment for life;
a conviction resulting in a term exceeding five years, subject to the power in section 16(1)(c);
a conviction against a corporate body;
a conviction resulting in a sentence of detention during the court's pleasure; and
a conviction for an offence described in paragraph (c), regardless of the sentence imposed where the person convicted is not under seventeen years old and it is a first offence.
The Cabinet may by Order amend Schedule 2 to —
add or delete categories; or
impose exceptions or conditions.
An Order made pursuant to section (2) shall be subject to affirmative resolution of the Legislative Assembly.
Where a sentence that is eligible for expungement is reduced by an exercise of a prerogative power, privilege or the court's pleasure, the reduced sentence shall, for the purposes of determining the crime-free period, be treated as if it was the sentence imposed by the court.