Men who were convicted under the now-repealed Section 377A of the Penal Code can check if their criminal records have been rendered spent and, if not, apply for their records to be treated as such.
In a significant development addressing the repercussions of convictions under Section 377A, Law and Home Affairs Minister K Shanmugam highlighted the avenue for men previously convicted under this repealed section to explore the record rendered spent in Singapore.
Understanding the Legal Implications
With the now-defunct Section 377A of the Penal Code criminalizing same-sex relations, individuals previously convicted under this statute faced enduring consequences, including a permanent criminal record.
Repeal of Section 377A and Record Status
The repeal of Section 377A in November 2022 marked a pivotal moment. Despite its removal, the aftermath lingered for those with historical convictions under this section. The Ministry of Home Affairs identified 17 individuals convicted between 1988 and 2007 for consensual adult acts and are still alive.
Options for Convicted Individuals
Minister Shanmugam affirmed that men with prior convictions under Section 377A now have the opportunity to investigate whether their criminal records have been rendered spent. This pivotal clarification offers hope for affected individuals seeking to nullify their criminal history.
Application Process for Record Expungement
The Commissioner of Police, overseeing such applications, considers various case aspects, including the private nature of the activity and the consent involved between adults. Convicted individuals can apply to have their records treated as spent, enabling a lawful response of “no” when questioned about any criminal history.
Steps to Verify Record Status
For those previously convicted under Section 377A, avenues to verify their record’s status have been made available through the Singapore Police Force (SPF) website. Moreover, individuals seeking the expungement of their records can directly reach out to the Commissioner of Police by emailing to SPF_Spent_Application@spf.gov.sg with their personal particulars, contact information and reasons for consideration to treat their conviction record as spent.
