s.38Notation and verification of records
38
Section 38Part 6 — CUSTODY AND MANAGEMENT OF EXPUNGED CRIMINAL RECORDS

Notation and verification of records

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38. (1) In this section, vulnerable person means a person who, because of that person’s age, a disability or other circumstances, whether temporary or permanent is —
in a position of dependency on others; or
at a greater risk than the general population of being harmed by a person in a position of trust or authority towards them.
The Commissioner shall make, in the criminal conviction records retrieval system maintained by the Police Service, a notation enabling a member of the Police Service or other authorised body to determine whether there is a criminal record of a person’s conviction for an offence listed in Schedules 2 and 3 in respect of which the expungement of a criminal record has been approved.
At the request of any person or organisation responsible for the well-being of a child or vulnerable person and to whom or to which an application is made for a paid or volunteer position, a member of the Police Service or other authorised body shall verify whether the applicant is the subject of a notation made in accordance with subsection (2) if —
the position is one of trust or authority towards that child or vulnerable person; and
the applicant has consented in writing to the verification.
Except as authorised by subsection (3), no person may verify whether a person is the subject of a notation made in accordance with subsection (2). Criminal Records (Spent Convictions) Law (2018 Revision) Section 39 c Revised as of 28th day of February, 2018 Page 23
The Police Service or other authorised body that identifies an applicant for a position referred to in subsection (3)(a) as being a person who is the subject of a notation made in accordance with subsection (2) shall request the Commissioner to provide the Governor with any record of a conviction of that applicant, and the Commissioner shall transmit any such record to the Governor.

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