Making an application

An application for expungement should be made by filling out this form:

Wiping historical homosexual offences application form [DOCX, 146 KB]

It can be sent to the Ministry of Justice by email wiped@justice.govt.nz or by post.

It’s key that people supply as much supporting information as they can due to the historical nature of the offences. This guidance has been put together to assist with your application.

An application can be for more than one offence, if they relate to the same individual. You are welcome to use a lawyer, or another person, to help prepare or submit your application, or to deal with the Ministry on your behalf but you don’t have to use a lawyer.

There’s no fee to file the application and there’s no time limit on when it should be submitted. Applications will be treated in confidence and your privacy and that of other parties respected.

Giving us your details

You need to let us know if you are applying for yourself or on behalf of someone who has passed away.

If you are applying on behalf of a convicted person who has died, you will need to explain your connection to the person and the reasons why you think you should be permitted to be treated as the person’s representative.

You may need to give us supporting information about why you should represent the person who has passed away, for example a:

  • marriage or civil union certificate,
  • birth certificate, or
  • probate documentation.

Details about the conviction

It’s important that you provide as much detail as possible about the prosecution and conviction, to enable it to be correctly identified and understood. Don’t worry if you don’t have all the information. You can still send us your application if you can’t remember all the details.

Information such as dates of arrest, dates of charge, the dates of conviction and sentencing as well as the location where this took place can help us to locate the records. Even if you have approximate dates, this will be helpful.

You also need to supply a detailed description of the circumstances of the offence to tell us the story of what happened

You don't need to seek official court or Police records before making an application. The Ministry will obtain those records.

Additional information to support your application

Additional submissions and evidence can also be provided with the application. This is an opportunity to put forward any information that you consider will help prove that the conduct in question is not criminal under the current law or that will help provide a clear understanding of the facts of the matter.

Please supply any extra information that you may have as the amount of detail in the official records might be limited. This might include old court or police documentation that has been kept, personal papers or correspondence, newspaper clippings, or statements from others with personal knowledge of the case.

The information provided does not need to be in a form that would be admissible in court.

If you require further help or have questions about filling out the form, please email wiped@justice.govt.nz.