Singapore Parliament: Those previously convicted under Section 377A can apply to render criminal records spent
Shanmugam says facts of the case to be considered, including whether the activity was private and between consenting adults
SINGAPORE — Men previously convicted under the now-repealed Section 377A of the Penal Code in Singapore have the opportunity to verify whether their criminal records have been considered spent. If their records have not been categorised as spent, they can apply to have them treated as such.
A "spent conviction" implies that an individual no longer carries a criminal record for the particular offence. They can lawfully answer "no" if asked about having such a criminal record.
CNA reported that Law and Home Affairs Minister K.Shanmugam said in a written Parliamentary reply on Tuesday (9 January) that, when considering these applications, the Commissioner of Police will take into account the facts of the case.
Factors to be considered include whether the activity was private and between consenting adults.
MP queries stance on Section 377A conviction records
Nee Soon GRC Member of Parliament Louis Ng had filed a parliamentary question seeking an update on the government's approach to handling criminal records linked to Section 377A, and inquired about the process for treating these records as spent.
The colonial-era Section 377A, which criminalised sexual activity between men, was repealed in November 2022. According to CNA, the Ministry of Home Affairs said that 17 individuals who were convicted between 1988 and 2007 for consensual, private homosexual acts between adults are still alive.
Shanmugam details conditions for spent records under Section 377A
Shanmugam said in his written reply that a person's conviction becomes automatically spent after five years of staying free from crime.
However, this automatic status doesn't apply if the individual is disqualified under specific conditions outlined in the Registration of Criminals Act. These conditions encompass sentences that exceed three months imprisonment or a fine of S$2,000.
Shanmugam added that offences under Section 377A, which carried a penalty of up to two years in jail, were classified as registrable offences. This means that individuals convicted of such offences will maintain a criminal record unless it is rendered spent.
Those unable to automatically attain spent status for their conviction record can apply to the Commissioner of Police, who serves as head of the Singapore Police Force (SPF), to have their records treated as spent.
Those seeking to apply for this can email SPF_Spent_Application@spf.gov.sg with their personal details, contact information, and reasons supporting their request to have their conviction record considered spent.
Individuals also previously convicted under Section 377A can verify whether their records have been rendered spent through the SPF website.
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