Section 27Part 4 — EFFECT OF EXPUNGEMENT
Effect of expungement in judicial proceedings
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27. (1) Notwithstanding any other written or unwritten law —
no evidence shall be admissible in proceedings before a judicial authority to prove that a person has —
committed;
been charged with;
been prosecuted for;
been convicted of; or
been sentenced for, the offence which was the subject of an expunged criminal record; and
a person shall not, in any proceedings, be asked and, if asked, may answer in the negative any question relating to the person’s criminal record which cannot be answered without acknowledging or referring to a conviction which forms the basis of an expunged criminal record or any ancillary circumstances.
If, in judicial proceedings the judicial authority is satisfied that justice cannot be done except by requiring or admitting evidence relating to a person’s expunged criminal record or to ancillary circumstances to it, that authority may —
require or admit the evidence in question, but a court before which such evidence is admitted shall, in appropriate circumstances, take reasonable steps to prevent or minimise publication of that evidence; and
determine any issue to which the evidence relates.
In the performance of its functions, the Department of Community Rehabilitation shall be entitled to have access to the criminal record.