When can I check someone’s criminal record?

When considering whether it is necessary for you to check someone's criminal conviction history − don’t forget that you should only collect the personal information when it’s necessary.

If you’re satisfied that you do need to see the individual’s criminal record for a particular reason, you will need to get their consent before you can request it from the Ministry of Justice. For more information about requesting someone’s criminal record, including a copy of the relevant form, see the Ministry of Justice’s website.(external link)

You should also be aware that, in limited circumstances, individuals may be entitled not to provide information about their previous convictions, due to the Clean Slate Act 2004. For information about the Clean Slate Act, and to see when it might apply, you can check the Ministry of Justice’s website(external link).

If you want to check someone's criminal record because you have concerns about potential domestic violence, Police have a scheme where people can inquire about the violence history of either their new partner, or the new partner of a family member or friend - see more here.

 

Updated December 2020