Application to disregard conviction — indecent assault — Clean Slate Act 2004, ss 7 & 10(4) — Crimes Act 1961, s 134(2)(a) — D v New Zealand Police [2018] NZHC 3349. The applicant applied to have his criminal conviction disregarded pursuant to s 10(4) of the Clean Slate Act. The applicant had been convicted of indecent assault against a minor some 26 years prior and the sentence imposed was a fine and supervision. The applicant had been living overseas for almost two decades and provided a certificate from the foreign police stating that he had not engaged in any behaviour which would have brought him to the attention of the police while living there. The Attorney-General as respondent did not oppose the application. The Court considered the application, applying the balancing test as set out in D v New Zealand Police. The applicant was interested in seeking employment in New Zealand, which would be hampered by the record of his criminal conviction. In considering the wider public interest in the safety of the community, the Court determined that the offending was an impulsive, isolated incident, and that the applicant had not been convicted of any offending since, although a lack of subsequent offending was not determinative. The Court determined the totality of the circumstances was such that the application should be granted. The Court granted the application and ordered that the conviction for indecent assault be disregarded. Judgment Date: 27 September 2023. * * * Note: names have been changed to comply with legal requirements. * * *