(1) A record of a sentence imposed on a child convicted of an offence under Schedule 3 must not be expunged.
(2) In respect of offences other than the offences under Schedule 3, a judge or magistrate shall make an order to expunge the conviction and sentence of the child and shall note the reasons for the decision as to whether the record may be expunged or not where the judge or magistrate imposes the sentence after consideration of a relevant factor, including —
(a) the nature and circumstances of the offence; and
(b) the personal circumstances of the child.
(3) If the judge or magistrate makes a decision regarding the expungement of a record of a conviction and sentence under this section, he or she shall explain the decision and give his or her reasons for the decision, including any conditions relating to the expungement of the record, to the child.
(4) A decision by the judge or magistrate not to expunge a record is subject to appeal.