6Annulment of minor convictions for good behaviour

6 Annulment of minor convictions for good behaviour

(1)  If a person with a minor conviction is of good behaviour for a required period, the conviction is annulled.

(2)  The required period is –

(a) if the person was an adult on the day on which the minor conviction was recorded, the 10 year period commencing on that day; or

(b) if the person was a youth on the day on which the minor conviction was recorded, the 5 year period commencing on that day.

(3)  The person is taken to be of good behaviour for the required period if, during that period, he or she is not convicted of an offence punishable by a term of imprisonment.

(4)  If, during the required period, the person is convicted of an offence punishable by a term of imprisonment, the person's minor conviction is still capable of being annulled under this section but in such a case the required period in relation to the minor conviction is taken to be –

(a) if subsection (2)(a) applies to the person in relation to the minor conviction, the 10 year period commencing on the day on which the new conviction was recorded; or

(b) if subsection (2)(b) applies to the person in relation to the minor conviction, the 5 year period commencing on the day on which the new conviction was recorded.

(5)  If, by virtue of subsection (4) , the period of good behaviour required to annul the person's minor conviction is taken to be different to the applicable period specified in subsection (2) , subsection (4) has the same application to the new required period as it does to the required period specified in subsection (2) .