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I commited cheque book fraud in 1993 and had to pay it all…

I commited cheque book...

I commited cheque book fraud in 1993 and had to pay it all back with no jail. In 1996 I got 18 months jail for possession of a firearm and threatening and did 10 months. Can I get a clean slate on these charges and how do I apply for this as it is still on my record?

Lawyer's Assistant: Because consumer protection law varies from place to place, can you tell me what state this is in?

Christchurch. New Zealand

Lawyer's Assistant: Have you talked to a lawyer yet?

No as I really can't afford a lawyer as I am on the superannuation.

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Answered in 58 minutes by:
9/24/2017
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,773
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Hi

I am a New Zealand lawyer based in Wellington and will help you with your question today

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When the Clean Slate scheme applies

You’re said to have no criminal record (criminal conviction history) if all of the following are true. If you have:

  • had no convictions within the last 7 years
  • never been sentenced to a custodial sentence (such as prison, corrective training or borstal)
  • never been convicted of a sexual offence (‘specified offence’)
  • fully paid any fine, compensation, reparation or costs ordered by the court in a criminal case
  • never been banned from driving until further notice (indefinite disqualification)
  • never been held in hospital by the court in a criminal case instead of being sentenced, due to your mental condition.
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So because the last conviction had a jail sentence you do not qualify.

Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,773
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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