(1)  The Secretary must determine an application as soon as practicable after it is received.

(2)  In determining an application, the Secretary is to, in respect of each charge to which the application relates, decide to –

(a) expunge the charge for that offence; or

(b) refuse to expunge the charge for that offence.

(3)  If the Secretary intends to make a decision to refuse to expunge a charge, the Secretary must –

(a) by notice in writing, inform the applicant of that intention and the reasons for the intended decision; and

(b) provide the applicant with a copy of any relevant records, relating to the application, in the possession of the Secretary; and

(c) give the applicant 28 days from the date of that notice to submit further information to the Secretary regarding the charge.

(4)  The Secretary must, within 28 days after a decision under this section is made, give –

(a) the applicant written notice of the decision and, if the decision is to refuse to expunge a charge, inform the applicant of –

(i) the reasons for the decision; and

(ii) the applicant's right to have the decision reviewed under section 21 ; and

(b) any person who has made a submission pursuant to section 8(6) written notice of the decision and, if the decision is to expunge a charge, inform the person of –

(i) the reasons for the decision; and

(ii) the person's right to have the decision reviewed under section 21 .

(5)  On making a decision to expunge a charge, the Secretary must, within 28 days, notify any relevant data controller of –

(a) that decision and the reasons for the decision; and

(b) the data controller's right to have the decision reviewed under section 21 .

(6)  If the Secretary makes a decision to expunge a charge, the charge, and any conviction in respect of that charge, is expunged at the expiration of 90 days after the day on which the Secretary makes the decision.

(7)  Despite subsection (6) , if within those 90 days an interested person has applied for a review under section 21 in relation to the decision, the decision to expunge a charge –

(a) does not take effect until all reviews in respect of the decision have been determined; and

(b) only takes effect if, in respect of each review –

(i) the decision of the Secretary is upheld; or

(ii) the review is abandoned or withdrawn by the person applying for that review.