9Effect of annulment

9 Effect of annulment

(1)  If a person's conviction is annulled –

(a) the person is not required to disclose the annulled conviction to any other person; and

(b) the annulled conviction is taken not to form part of the person's official criminal record; and

(c) a question about the person's criminal history is taken not to refer to the annulled conviction but only to convictions, if any, that have not been annulled; and

(d) in applying a provision of any legislation, agreement or arrangement to the person –

(i) a reference to a conviction, however expressed, is taken not to refer to the annulled conviction; and

(ii) a reference to the person's character, however expressed, is not to be taken as allowing or requiring anyone to take account of the annulled conviction; and

(e) the annulled conviction, or the non-disclosure of the annulled conviction, is not a proper ground for –

(i) refusing the person any appointment, post, status or privilege; or

(ii) revoking any appointment, status or privilege held by the person or dismissing the person from any post.

(2)  Subsection (1) does not  apply to the proceedings of a court or to the making of a decision by a court, including a decision about sentencing, but a court that receives evidence of an annulled conviction may take such steps as are reasonably available to it to prevent or restrict the dissemination of that evidence if the court, having regard to the object of this Act, considers it appropriate to do so in the circumstances.

(3)  Subsection (1) does not apply to the proceedings of the Parole Board or to the making of a decision by the Parole Board.

(4)  Subsection (1) does not apply to –

(a) an application for an appointment, post, status or privilege referred to in Schedule 1 ; or

(b) an application for registration or enrolment associated with or required for the gaining of any such appointment, post, status or privilege.