NCJ Number
101673
Date Published
1985
Length
121 pages
Annotation
This discussion paper from the Australian Law Reform Commission examines the problems faced by ex-offenders and proposes a model program governing the use to which information about past convictions might be put.
Abstract
The three main problems that ex-offenders face are invasion of privacy, discrimination in employment and other situations, and continuing punishment in terms of lack of opportunities to experience full citizenship. These problems can create a vicious circle in which former offenders who cannot re-enter society may drift back into criminal activity or obtain legitimate employment while shutting themselves off from involvement in public life and community activity. Establishing limits on the use of criminal histories would reduce recidivism, educate the public, and reduce impacts on ex-offenders. However, victims' needs must also be considered. The draft law on privacy sets standards for collection, storage, correction, use, disclosure, and access to personal information, including criminal record information. Draft legislation also provides that convictions would become 'spent' after a prescribed period. It would distinguish between major and minor offenses, with convictions for minor offenses automatically becoming spent after 10 years. Details of the proposed system; footnotes; appendixes containing the draft legislation, a discussion of alternative proposals, and related materials.