PETALING JAYA: Rehabilitation advocates and criminal law experts have lauded the proposal to clear minor, non-violent offences from criminal records, describing it as a progressive shift towards rehabilitation and an overdue step towards a second chance for such offenders.
Retired Prison Department deputy commissioner Anathurai Kalimuthu, who gave the amendment the thumbs up, said it paves the way for a more just and rehabilitative justice system for minor offenders.
He said several years ago, the department had submitted a proposal on the matter to the Home Ministry after learning that many former convicts had faced difficulties in securing jobs due to their criminal record.
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Anathurai, who now runs a charity rehabilitation centre to assist freshly released prisoners reintegrate into society, said first-time offenders and those involved in minor cases deserve a second chance to turn over a new leaf.
“In cases of shoplifting, the offender could have been broke and may have committed theft to feed their family.
“They should be given a chance to repent. I have personally received many complaints from former offenders who are unable to get jobs.
“There are developed countries that have implemented this practice successfully,” he said.
Anathurai also suggested that the government consider expunging the criminal records of ex-convicts who have remained clean from crimes for over 10 or 15 years.
“Many have repented and are reformed individuals. It will motivate them to start life anew,” he told The Star.
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Criminal defence lawyer KA Ramu said such provisions in the law would be a progressive step for offenders who have genuinely repented.
He said the authorities should thoroughly assess each case, ensuring there are reasonable and valid grounds to allow offenders to start a new life.
Citing several cases related to scams handled by his firm, he said a few of the accused were not victims of entrapment but willing participants.
“It would be unwise to extend this privilege to every light offender.
“Most of these cases involve mule bank account holders who were aware of what they were getting themselves into,” he said.
Criminologist Datuk Dr P. Sundramoorthy said the proposal marks a pivotal step toward modernising the country’s criminal justice landscape.
“It reflects a long-overdue shift from punitive incarceration to rehabilitative and restorative justice,” he said.
Sundramoorthy said another significant reform is the proposed Home Detention Act, which is currently under review by the Attorney General’s Chambers.
He said the law seeks to allow non-violent offenders and remand detainees to serve their sentences under home confinement and be monitored through electronic tracking.
“This initiative offers a pragmatic alternative to incarceration that aims to relieve pressure on the prison system while preserving public safety.
“Community-based alternatives to detention have been associated with better rehabilitation outcomes and lower rates of recidivism,” he said.
National Human Rights Society president Datuk M. Ramachelvam viewed the proposal as “very progressive”.
“The timeline for minor offences should be about one year and for non-violent crimes, it should be around two years.
“I do not see any negative implications arising from this proposal. If these persons re-offend, then put them back on the criminal register,” he said.
Suara Rakyat Malaysia executive director Azura Nasron said long-term stigma from criminal records often creates barriers to employment, education and housing, which in turn can hinder rehabilitation and contribute to cycles of poverty or re-offending.
“We have received many complaints over the years from individuals who struggle to find jobs because of existing records.
“In some cases, they were only investigated but never charged.
“We have long fought to address this unfair situation,” she said, though she added that clear criteria and safeguards should be established.
“This approach should not apply to serious or violent crimes where public safety considerations are paramount.”
Former Human Rights Commission of Malaysia (Suhakam) commissioner Jerald Joseph said a personshould not be branded as a criminal for life for mistakes or situations that forced them into crime.
“Society and the government must be more involved in the reintegration of youth with past criminal records,” he said.
