Section 13Part 3 — EXPUNGEMENT OF CONVICTIONS
Pending charges
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Where a person makes an application for expungement of a criminal record and that person is alleged to have committed a new offence, the Board may, on terms and conditions it thinks fit, and in exceptional circumstances, approve the expungement of the record.
The Board shall, in exercising the Board's power under subsection (1), take into account the following —
the nature of the offence for which suspension is being sought and the nature of the new offence;
the provisions of this Law in relation to the period during which the new offence can be suspended;
the length of time it has taken without the charge for the new offence being disposed of; and
any other factor the Board considers relevant.
A person who applies for expungement shall disclose to the Board any allegations in relation to that person of the commission of a new offence and, if that person fails to disclose those allegations in relation to a new offence, that person commits an offence and is liable upon conviction to a fine not exceeding ten thousand dollars.
In this section "new offence" means an offence for which a person seeking expungement of an earlier offence is charged or in respect of which that person is named by the police as a suspect in the Islands or elsewhere.