KUALA LUMPUR: The Home Ministry is planning to introduce a mechanism through proposed legal amendments that would allow former offenders who do not commit new offences within a set period to be regarded as having no criminal record, Parliament was told.
Home Minister Datuk Seri Saifuddin Nasution Ismail told Parliament that his ministry is amending the Registration of Criminals and Undesirable Persons Act 1969 to introduce a “spent convictions” mechanism aimed at giving former offenders a second chance.
He said the proposed amendments, which received Cabinet approval on May 21, 2025, would allow certain criminal records to be deactivated after individuals complete their sentences and remain crime-free for a specified period.
"The purpose of this amendment is to give a second chance to those involved, in line with our efforts to translate the values of compassion and social justice into policy," he said on Tuesday (Feb 10).
"Under the proposed mechanism, individuals who have served their sentences, paid fines or compounds, and do not reoffend within a defined 'crime-free period' may have their records treated as spent, provided the offences are not classified as serious crimes," he said in reply to a question from Roslan Hashim (PN–Kulim Bandar Baharu).
During Question Time, Roslan had asked whether the Home Ministry was considering the removal of former inmates' criminal records to make it easier for them to secure employment, particularly during the early stages of job applications when background checks often pose a barrier to reintegration.
Under the proposed mechanism, individuals who have served their sentences, paid fines or compounds, and do not reoffend within a defined crime-free period may have their records treated as spent, provided the offences are not classified as serious crimes.
He said the proposal draws on international best practices from countries such as the United Kingdom, Singapore, Brunei and Australia, where certain criminal records may be exempted after a rehabilitation period, subject to conditions.
The proposed amendments are currently being reviewed by the Attorney General’s Chambers, with plans to table the Bill in Parliament this year.
Saifuddin said that under the proposed framework, an individual's name would be entered into the criminal registry only after conviction and once all appeals have been exhausted.
"After serving the sentence or paying fines, and if the individual does not commit another offence within a reasonable period, that period can be regarded as a crime-free period," he said.
"Once this crime-free period is met, the person can be considered as having no active record, except in cases involving serious offences," he added, noting that the definition of the period and exclusions would be clearly set out in law and debated in Parliament.
He also revealed that 2,632,248 people have been recorded under Act 7 since its introduction in 1969, describing the figure as substantial.
He said profiling of the registry showed that almost half of the recorded cases involved drug-related offences, particularly convictions under Section 15 of the Dangerous Drugs Act for drug consumption and Section 12 for minor possession.
"These are followed by other provisions, including Section 39A. This is the group we will zoom in on when we amend the Act.
"If they do not reoffend, we can consider them under this mechanism," he said.
