16Effect of expunging

16 Effect of expunging

If a charge is expunged under section 12(6) in respect of a person –

(a) the person is not required to disclose any information about the expunged charge to any other person, including when giving evidence under oath in legal proceedings; and

(b) any information about the expunged charge is taken not to form part of the person’s official criminal record and is not required to be disclosed; and

(c) a question about the person’s criminal history, including a question in legal proceedings required to be answered under oath, is taken not to refer to any information about the expunged charge; 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 an expunged conviction; and

(ii) a reference to a charge, however expressed, is taken not to refer to an expunged charge; and

(iii) a reference, however expressed, to the person’s character is not to be taken to allow or require anyone to take account of any information about an expunged charge; and

(e) the disclosure or non-disclosure, of any information about an expunged charge is not a proper ground for –

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

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