If you have been criminally prosecuted before the courts, you are very likely to have a criminal conviction. The exception is if the court has given you an absolute or conditional discharge.
Having a conviction is not the end of the world, but you should know what a conviction means for you and your future.
Under Bermuda law (The Rehabilitation of Offenders Act 1977), the law helps to remove some of the barriers you may face once you have been convicted of a crime. The aims of these laws are to improve your chances of being fully rehabilitated into society and they also seek to achieve this whilst still having regard to public protection.
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In other countries, the rehabilitation period depends on the age of the offender, the offence, and the sentence the offender received. In Bermuda, the seven (7) year rehabilitation period is standard and applies to adults and young offenders regardless of their offence, sentence and/or age.
The law is helpful in that it treats the person as if they never committed an offence or were ever convicted of any offences after a certain time has lapsed. When asked by anyone as to whether you have a conviction, once the time period has passed, you will normally be legally entitled to say "no". One of the exception is in criminal proceedings.
What is not a Conviction
If you have appeared before the Courts for an offence(s) and have been given an absolute discharge or a conditional discharge there will be no conviction recorded against your name. It must be said that although you are not convicted, if you receive these sentences, they will still appear on your criminal record. What is important however, is if you only have recorded an absolute discharge or conditional dishcarge on your criminal record you are legally entitled to declare that you do not have any criminal convictions. That said, a conditional discharge or absolute discharge may still prevent you from travelling to the U.S. without first obtaining a waiver.
Offenders do not have to reveal or admit having a conviction (although there are some exceptions) if the conviction is spent. This means that a certain period time has to pass (rehabilitation period) since receiving your last conviction or from the time you were released from prison.
Some of the exceptions where you must reveal your convictions even after the rehabilitation period has passed is for employment where you will be working with children, seniors or other vulnerable adults. However, when doing so, it should be specifically stated on the application that the Rehabilitation of Offenders Act does not apply. If you want to enter professions to be a doctor or lawyer, you will also be required to disclose all your convictions.
If you have appeared before the Courts for an offence(s) and have been given an absolute discharge or a conditional discharge there will be no conviction recorded against your name. It must be said that although you are not convicted, if you receive these sentences, they will still appear on your criminal record. What is important however, is if you only have recorded an absolute discharge or conditional dishcarge on your criminal record you are legally entitled to declare that you do not have any criminal convictions. That said, a conditional discharge or absolute discharge may still prevent you from travelling to the U.S. without first obtaining a waiver.
Offenders do not have to reveal or admit having a conviction (although there are some exceptions) if the conviction is spent. This means that a certain period time has to pass (rehabilitation period) since receiving your last conviction or from the time you were released from prison.Some of the exceptions where you must reveal your convictions even after the rehabilitation period has passed is for employment where you will be working with children, seniors or other vulnerable adults. However, when doing so, it should be specifically stated on the application that the Rehabilitation of Offenders Act does not apply. If you want to enter professions to be a doctor or lawyer, you will also be required to disclose all your convictions.
Rehabilitation Period
For a conviction to become spent, a period of seven (7) years must have passed since your last conviction OR a period of seven years must have elapsed since you were released from prison after serving a certain sentences of imprisonment.
Young Offenders and the Rehabilitation Period under Bermuda law
In other countries, the rehabilitation period depends on the age of the offender, the offence, and the sentence the offender received. In Bermuda, the seven (7) year rehabilitation period is standard and applies to adults and young offenders regardless of their offence, sentence and/or age.
What is a Spent Conviction?
Normally, all convictions eventually become spent. For example probation, suspended sentences, and some imprisonment sentences. Absolute and Conditional Discharges do not lead to convictions, but may still be recorded on your criminal record.
What Convictions do not become spent under Bermuda law:
1. a sentence of imprisonment for life;
2. a sentence of imprisonment for a term of more than three (3) years; or
3. a sentence or order of detention during Her Majesty’s Pleasure (“HMP”)
2. a sentence of imprisonment for a term of more than three (3) years; or
3. a sentence or order of detention during Her Majesty’s Pleasure (“HMP”)
Drug Treatment Court & the Rehabilitation of Offenders
Offenders (18 years and older) who successfully complete Drug Treatment Court will be considered as ‘Rehabilitated’ under the Act and will not have to reveal or admit to the existence of their index offence.
Offenders (18 years and older) who successfully complete Drug Treatment Court will be considered as ‘Rehabilitated’ under the Act and will not have to reveal or admit to the existence of their index offence.
If you are given a conditional discharge or an absolute discharge, this may still deem you ineligible from travelling to the United States unless you have a waiver (visa) as a conditional discharge and absolute discharge is still a finding or admission of guilt.
Important Notes: This information was last updated in May 2013. This is intended as general guidance only. It must not be regarded as a definitive interpretation of the law. Anyone in doubt should seek legal advice.
Important Notes: This information was last updated in May 2013. This is intended as general guidance only. It must not be regarded as a definitive interpretation of the law. Anyone in doubt should seek legal advice.
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