In forceAmended2020 Revised Edition

Contents

Registration of Criminals Act 1949 · 2020 Revised Edition · Part 2A · Spent Criminal Records

7D. Application by disqualified individual to have criminal record treated as spent

Amended

Last amended by an amending law of 2022. 2 amendments in all.

(1)

An individual who is disqualified under section 7C from having the record in the register of his or her conviction within Singapore for any registrable crime becoming spent may, at any time, apply to the Commissioner of Police to have the record treated as spent.

(2)

An application by any individual under subsection (1) must be in such form and be accompanied by such documents, particulars and information as the Commissioner of Police may require.

(3)

Upon receiving an application under subsection (1), the Commissioner of Police may —

(a)

refuse to grant the application; or

(b)

grant the application.

(4)

In determining whether to grant an application to treat the record in the register of the applicant’s conviction as spent, the Commissioner of Police must have regard to the circumstances of the case, including the following factors:

(a)

the severity of the conviction for which the record is to be spent;

(b)

the severity of the sentence imposed for that conviction;

(c)

the applicant’s conduct subsequent to the conviction.

(5)

Where any document, particular or information given under subsection (2) is false in a material particular, the Commissioner of Police may, after giving the individual concerned a reasonable opportunity to be heard (orally or in writing), revoke his or her grant of the application to treat the record in the register of the individual’s conviction as spent, and the Registrar must, without delay, expunge any entry made under section 7E(1)(b) in respect of that record.

(6)

Nothing in this section is to be construed to prevent the prosecution, conviction and punishment of any individual according to the provisions of any other written law for the time being in force.