Clean Slate Applications
A pioneering and leading exponent of the Clean Slate Law, and the circumstances in which an historical sexual offence conviction may be concealed.
Is an historical sexual offence preventing you getting employment? We may be able to help.
As long as you have never been sentenced to prison, and have never had an indefinite licence disqualification, then see Roderick's interview below and call him at no cost to discuss your situation.
Since this video was first recorded Roderick has had further conspicuous success with several other applications for the concealment of historical sexual offence convictions.
The Criminal Records (Clean Slate) Act became law in 2004.
Since then, minor offences like shoplifting or drink driving will be concealed from employers after seven years. That means, with a few exceptions (such as looking after children), once seven years have passed you can apply for a job and say you have no convictions.
For more serious offences, the Act doesn’t apply – and it never applies if a prison sentence has been imposed.
However, there is an exception for some lower-level sexual offences. Such offences are not automatically concealed after seven years but can be concealed if a judge orders it.
Roderick Mulgan was the first lawyer, in 2018, to successfully obtain such an order for a significant sexual offence. This was the landmark case of D v Police explained below. Since then, he has obtained a string of similar orders.
If you have a historical offence that is not automatically concealed then get in touch with Roderick.
He is happy to have a no-charge and no-obligations but completely confidential private phone call to discuss your situation.
Examples of Roderick's Work
D v Police
In the pioneering case of D v Police and on appeal to the High Court, Roderick Mulgan was able to successfully argue that his client’s serious criminal convictions be disregarded under the provisions of the Clean Slate Act. Roderick was the first lawyer in New Zealand to obtain such an order for a serious criminal conviction.
D sought to have decades‐old sexual convictions disregarded (or concealed) under the Clean Slate Act, without which concealment, barriers to employment would likely prevail. The Court needed to balance the applicant’s significant interest in rehabilitation and privacy against the public’s need to be protected from potential harm. Although the applicant’s historical offending was serious, expert assessments confirmed a low likelihood of reoffending, and the context of prospective work in aged care posed minimal risk to children or vulnerable persons. Because the applicant had lived conviction‐free for decades, had demonstrated remorse, and faced ongoing disadvantage unless the convictions were concealed, the court accepted Roderick’s submissions that any residual public‐safety concerns were outweighed by the applicant’s interests.
A v The Attorney General
In A v the Attorney General [2024] NZDC 000004, a registered forensic psychologist’s report commissioned and facilitated by Roderick Mulgan was pivotal in determining the application under s 10(4) of the Criminal Records (Clean Slate) Act 2004.
The report concluding that the applicant posed a low risk of reoffending and had rehabilitated effectively. His conviction related to indecently assaulting a female aged under 12 when he was 14. Because public safety is the key counterbalance to the applicant’s interest in concealing convictions, the Court relied heavily on Roderick’s skilful presentation of the report’s expert analysis, noting the applicant’s maturity and lack of subsequent offending. In weighing these findings, the Court held that the public interest would not be compromised and therefore granted the order to disregard the applicant’s convictions.
T v The Attorney General
In T v The Attorney General [2020] NZDC 16026, despite T having four specified convictions, the Court granted the Clean Slate application on the strength of compelling evidence and skilled advocacy by Dr Mulgan.
Central to the Court’s decision was the balancing test under s 10(5) of the Criminal Records (Clean Slate) Act 2004, which weighs individual rehabilitation against public safety. Roderick established T’s genuine reform, presenting evidence of years without further offending and proof that disclosing the convictions created ongoing and disproportionate harm to T’s prospects. Consequently, the Court held that multiple specified offences do not automatically bar relief when counsel successfully demonstrates a low risk to the community and significant rehabilitative progress.
Testimonials
TD
I found myself in a position where my two historic convictions were suddenly a barrier to my career progression almost two decades later. Although the convictions hadn’t stopped me achieving employment in a highly regulated, safety-critical industry at an entry level, they began to actively prevent further career progression to a major international employer. This was mainly due to the fact that clean slate only applies within NZ.
I read about discharge without conviction, something that is usually sought before a conviction, not after, and wondered if it was possible despite the convictions being so long ago. This led me to Roderick. After going through it all with him, he decided that although it was quite an unusual challenge, he’d give it a go provided we could find the affidavits we required. This led to the next difficulty, finding professionals to provide legal statements to demonstrate how a historical record affects employability.
Despite these significant roadblocks, Roderick successfully navigated complex legal arguments and guided me in pursuing the necessary expert opinions and affidavits to build the best chance in a ‘longshot’ case. He battled persistent administrative challenges to track down archived court documents and ultimately overcame the Crown’s initial opposition. His dedication was evident when he travelled out of his way to represent me in person in two separate hearings.
The result of his hard work was two significant legal victories. This outcome was not just a legal success, it has literally changed the trajectory of my life, enabling me to advance my career internationally and secure my future.
Roderick is an exceptional barrister who is willing to take on the most challenging cases. If you need a relentless and highly skilled advocate, especially with clean state and traffic offences, he is who you need.
DB #2
I had a conviction from over 30 plus years ago and under the Legal guidelines of the clean slate rules I could apply for the conviction to be disregarded this required some to lodge the application and I was introduced to Roderick who has had success with similar situations.
Roderick took my call explained how this would play out time frames and costs and his thoughts on the application.
From Day 1 Roderick was easy to contact easy to understand and made the process very easy and as stress free as a process like this can be.
When we had our day in court with the Judge as the crown opposed my application Roderick was just so calm and collective and delivered our side of the story as there is always two sides to any story . Roderick was just so clear so articulate backed up everything he said with facts and case law that just strengthened everything he said and made a very compelling case.
The outcome was a decision on the Day by the Judge to Disregard my conviction which has made a huge difference as to what I can do in my career going forward.
If you have an issue and it involves the clean slate law process I would say pick up the phone call Roderick as he has an amazing understanding of the process and without him I’m sure we may have got a different outcome and not in my favor.
BT
Dr Mulgan was a pleasure to work with throughout my clean slate application. He kept me informed throughout the process, and ensured I had the best chance of success. Thanks to him my application was granted, and I now have a much brighter future ahead of me.