Understanding the legal landscape surrounding a criminal record check in Singapore is crucial for anyone navigating the complexities of the criminal justice system. Whether you’re applying for a job, seeking a licence, or simply want to know more about your rights, having clear information about criminal records and offences is essential.
This article addresses common questions about Singapore criminal law, providing insights that can help you make informed decisions and protect your future.
Understanding Criminal Records In Singapore
A criminal record in Singapore is an official documentation of an individual’s criminal history, detailing any convictions for criminal offences in Singapore. This record can include various types of offences, ranging from minor infractions to serious crimes, and it is maintained by the authorities to ensure public safety and uphold the rule of law.
A Singapore criminal record typically includes information about:
- Criminal’s Name: It should provide the complete legal name of the offender involved.
- Convictions: Any legal finding of guilt for a criminal offence, including fines, imprisonment, or other penalties.
- Nature of Offences: The specific crimes for which the individual has been convicted, such as theft, assault, drug-related offences, and more.
Court Proceedings: Details regarding the Court hearings and the outcomes associated with each offence.
Can You Be Detained Without Trial for a Criminal offence in Singapore?
The Criminal Law (Temporary Provisions) Act grants the government the power to detain suspected criminals without trial to maintain public safety, peace, and good order.
The Act is used as a last resort in serious cases where a crime has been committed and victims or witnesses are unwilling to testify in court for fear of retaliation. It is commonly used in cases related to secret societies, organised crime, drug or human trafficking, and loansharking.
What Is Considered A Criminal Record In Singapore?
You will hold a criminal record in Singapore if you are convicted of any of the following:
- Registerable crimes in Singapore
- If they are subjected to a banishment, expulsion, or deportation order and are detained in a prison or reformative training facility.
- If they are ordered to leave Singapore, they will be held in an immigration detention centre, police station, prison, or other facility.
- If they are convicted of offences in Malaysia and registered under Malaysian law.
- If they are subject to a banishment, expulsion, or deportation order from Malaysia.
- If they are convicted or ordered to be banished, expelled, or deported from any location outside of Singapore and Malaysia, the relevant authorities from that location supply these details.
What Is A Registrable Crime In Singapore?
Registrable offences are listed in the first and second schedules of the Registration of Criminals Act (RCA), which includes offences under multiple statutes and acts.
Few examples of registrable crimes include:
- Theft: Unlawfully taking someone else’s property with the intent to deprive them of it permanently.
- Drug Trafficking: The sale, distribution, or possession of illegal drugs in quantities exceeding the limits set by law, a non-registrable offence
- Assault: Causing physical harm to another individual, which can range from minor injuries to severe bodily harm.
- Sexual Offences: Crimes such as rape, sexual assault, and other non-consensual sexual acts.
For a first-time offender in Singapore, the consequences of a registered crime can be particularly daunting. While there may be opportunities for rehabilitation, having a serious conviction can still impact their future significantly.
What Is A Non-Registrable Crime In Singapore?
In contrast, a non-registrable offence in Singapore is a less serious offence that does not lead to a permanent criminal record upon conviction. While these crimes may still incur penalties, such as fines or community service, they are not recorded in the same manner as registrable crimes. Common examples of non-registrable offences include:
- Minor Traffic Violations: Offences such as speeding, running a red light, or failing to signal.
- Public Order Offences: Minor disturbances, such as disorderly conduct or loitering, that do not lead to serious legal consequences.
How To Check A Criminal Record In Singapore?
There are several methods to apply for a criminal record check:
- Online Application: The most convenient way to apply is through the Singapore Police Force’s e-services portal. If you do not already have an account, you must create one.
- In-Person Application: You can also submit your application at the nearest police station or criminal records office. Bring along the required identification documents and completed application form.
- Third-Party Request: If you are requesting a record check on behalf of someone else (e.g., for employment purposes), you must have the individual’s written consent and submit their identification documents along with the application.
Can You Have A Criminal Record Cleared?
When a record is logged in the Register of Criminals, it cannot be completely deleted or erased until the individual dies or attains the age of 100.
However, individuals convicted of minor offences may have their records deemed “spent” after a crime-free period of five consecutive years. This period begins either from the date of sentencing if no imprisonment was involved or from the date of release if the offender served time in prison.
Certain criteria can prevent an offender from having their record spent, such as:
- Receiving a prison sentence over three months or being fined more than S$2,000.
- Having multiple convictions on record.
- Having a prior spent record.
If disqualified, individuals can apply to the Commissioner of Police, who will review the request based on the case’s specifics.
When a record is marked as spent, the individual can generally state that they have no criminal record on applications. Nevertheless, they must still acknowledge any previous convictions when required.
It’s important to note that even after a record is marked as spent, some information, such as DNA records, will still be retained in the Register.
What Are The Principles And Objectives Underpinning Punishments For Crimes In Singapore?
Sentencing is imposed by the Court and is defined by the following four pillars:
- Retribution: Punishment is intended to be commensurate with the culpability and seriousness of the crime committed. Examples include fines, caning, imprisonment, and the death penalty.
- Deterrence: Punishment is intended to discourage others from committing a similar act (general) or the offender from re-offending (specific). Examples overlap with the retribution pillar and include fines, caning, imprisonment, and the death penalty.
- Prevention: Punishment is intended to physically incapacitate the offender from causing further harm, and examples include detention, imprisonment, and disqualification from driving.
- Rehabilitation: Punishment is intended to help the offender reform and prevent re-offence. Examples include probation, corrective or reformative training, and community sentences.
Conclusion About Criminal Record Check In Singapore
We understand how distressing it can be to face a criminal case. Our team of top criminal lawyers in Singapore has deep expertise in both domestic and transnational criminal law. If your case also involves any family disputes, our divorce lawyers in Singapore can provide comprehensive legal support.
Contact us today to discuss how we can help you achieve the best possible outcome for your case.
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Frequently Asked Questions About Criminal Record Check In Singapore
How Do I Apply For A Criminal Record Check In Singapore?
To apply for a criminal record check in Singapore, you can submit an application online through the Singapore Police Force’s e-Services portal or visit a police station in person. You will need to provide identification and complete the required forms.
What Types Of Crimes Are Included In A Criminal Record Check?
A criminal record check will include registrable offences, such as theft, drug trafficking, and criminal force in Singapore. Serious crimes are permanently recorded, while minor offences may become spent after a certain period without further convictions.
Can A Criminal Record Be Cleared In Singapore?
While a criminal record is generally permanent, certain records may be expunged or marked as spent after a five-year crime-free period. However, serious offences, including those involving criminal force in Singapore, typically remain on the record indefinitely.
Will A Criminal Record Affect My Employment Opportunities?
Yes, having a criminal record can significantly impact your job prospects. Many employers conduct criminal record checks, and certain convictions, especially those involving serious offences or criminal force in Singapore, may disqualify you from specific roles or industries.
