Criminal records
Yes, if the criminal convictions are recent.
The Human Rights Act does not deal with the disclosure of criminal records but the Criminal Records (Clean Slate) Act can help those with convictions to put the past behind them. The clean slate law gives some right, in some circumstances, to withhold information about convictions. The main conditions you must meet are:
- no convictions for the last seven years
- never received a custodial sentence, for example imprisonment, corrective training, borstal.
Job applicants who want to know more about the clean slate law should seek independent legal advice from a lawyer or community law centre or get information from the Department of Labour helpline: 0800 20 90 20.
see also » Police vetting
How does the clean slate law impact on what questions an employer can ask a job applicant either in an application form or in an interview?
The law applies to employment and any other situation where an individual may be asked about criminal convictions, for example tenancy, insurance and bank application forms.
The law enables someone who meets the eligibility criteria to respond to a question asked about convictions or criminal record by stating that they have no criminal record.
It is an offence for someone without lawful authority to ask or require another person to disclose a criminal record when that person is entitled by law not to.
The offence carries a maximum penalty of $10,000.
The Ministry of Justice has a pamphlet on the clean slate law:
http://www.justice.govt.nz/pubs/other/2004/clean-slate/english.html
Employers with queries about the law should seek independent legal advice from a lawyer or employers’ organisation.