Section 36Part 6 — CUSTODY AND MANAGEMENT OF EXPUNGED CRIMINAL RECORDS
Keeping and protection of expunged criminal records
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36. (1) The Governor may, by direction in writing addressed to a person having the custody or control of a judicial record of a conviction for which an expungement has been approved, require that person to deliver that judicial record into the Commissioner’s custody.
A judicial record of a conviction for which an expungement has been approved that is in the custody of the Commissioner or of any department or agency of the Government of the Islands shall be kept separate from other criminal records and that judicial record shall not be disclosed to any person, nor may the existence of the judicial record or the fact of the conviction be disclosed to any person, without the prior approval of the Governor.
The Governor shall, before granting the approval for disclosure referred to in subsection (2), be satisfied that the disclosure is in the interests of the administration of justice or for any purpose related to the safety or security of the Islands or any state allied or associated with the Islands.
For greater certainty, a judicial record includes any information in relation to the conviction that may be contained in a convicted person’s index of a national DNA data bank as may be established.