Criminal Record declaration
I want to ask
according to what I have heard some lighter cases the criminal record can be hidden after 3 years so it does not need to be disclosed to people
does this mean after 3 years, people do not need to declare there record for example in a job application can they write they have no criminal record?
how do you expunge your criminal record?
- Kenzzz_chLv 71 十年前最愛解答
Expungement is a US term. In the States, one have to file a civil law suit called expungement to seal or destroy one's criminal records.
However, that is not the case in the UK or Hong Kong. According to the Rehabilitation of Offenders Ordinance (or the Rehabilitation of Offenders Act in the UK), once three years have lapsed and the other 2 requirements are satisfied, it is automatic that people need not declare their record in circumstances like job applications.
Rehabilitation of Offenders Ordinance s.2：Protection of rehabilitated individual
Cap 297 s 2 Protection of rehabilitated individual1) Where-(a)an individual has been convicted in Hong Kong (before or after thecommencement of this Ordinance) of an offence in respect of which hewas not sentenced to imprisonment exceeding 3 months or to a fineexceeding $10000;
(b) he has not been convicted in Hong Kong on any earlier day of an offence; and
(c) a period of 3 years has elapsed without that individual being again convicted in Hong Kong of an offence,
then-(i)subject to section 3(3) and (4), no evidence shall be admissible in anyproceedings which tends to show that that individual was so convictedin Hong Kong;
(ii)any question asked of that individual or any other person relating to,or any obligation imposed on that individual or any other person todisclose, that individual's previous convictions, offences, conduct orcircumstances shall be treated as not referring to that conviction; and
(iii)that conviction, or any failure to disclose it shall not be a lawful orproper ground for dismissing or excluding that individual from anyoffice, profession, occupation or employment or for prejudicing him inany way in that office, profession, occupation or employment.
Forthe Ordinance to apply, the three requirements (no imprisonment formore than 3 months, no previous conviction, 3 years) must be satisfied.
You do not need to take positive steps to expunge your records in Hong Kong.
- 5 年前
any one can help! Need Help ! Obstructing police officer in the exercise of power conferred under Road Taffic Ordinace
need help from solictor but so expensive ( HK cannot find any help ? )資料來源： ask advice and information
- 匿名1 十年前
The criminal record will not go away automatically. IF you have commited a crime before, you must expunge your records in order for it not to show up on your background check. Even after 3 years, you still have to declare your record unless you had done expungement on it.