What types of serious crimes will be excluded from record deactivation?

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Serious Crimes Likely Excluded from Record Deactivation Mechanism

Serious criminal offences are expected to be excluded from the proposed record deactivation mechanism. While the specific categories of serious crimes have not been explicitly detailed, the eligibility for record deactivation will hinge on the nature of the offence, the individual's risk assessment, and their behaviour subsequent to completing their sentence.
Exclusion of Serious Offences

The Home Ministry is currently amending the Registration of Criminals and Undesirable Persons Act 1969 to introduce a "spent" or deactivation mechanism for criminal records. This system is intended to allow individuals who have demonstrated rehabilitation after serving their sentence and remaining crime-free for a stipulated period to have certain records treated as inactive. However, the ministry has indicated that serious offences will likely be ineligible for this deactivation process.
Eligibility Criteria for Deactivation

For an individual's criminal record to be considered "spent," they must have exhausted all appeal processes, completed their prison sentence or settled any fines or compounds. Crucially, they must also remain free from any further criminal convictions within a period defined by the authorities. The mechanism aims to facilitate social reintegration and improve employment prospects for reformed offenders, rather than to completely erase their past.
International Practices and Ongoing Review

The proposed amendment draws inspiration from international practices observed in jurisdictions such as the United Kingdom, Singapore, Brunei, and Australia, where similar systems allow for the exclusion of certain criminal records after a crime-free interval, subject to specific conditions. The amendment proposal is currently undergoing review by the Attorney General's Chambers and is anticipated to be presented to Parliament later this year.
Current Criminal Record Statistics

Statistics indicate that approximately 2.63 million criminal records have been maintained since 1969. A significant portion of these records, nearly half, involve convictions under the Dangerous Drugs Act, particularly those related to drug consumption (Section 15) and minor possession (Section 12), as well as offences under Section 39A. These categories, among others, could potentially be considered for the second chance mechanism if the individuals involved do not reoffend.

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What types of serious crimes will be excluded from record deactivation?

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