Individuals who were previously convicted under section 377A can check whether their records have been rendered spent, Law and Home Affairs Minister K Shanmugam said on Jan. 9 in a written parliamentary response.

A spent conviction means the person will no longer have a criminal record for the offence.

Under the Registration of Criminals Act 1949 (RCA), section 377A is a registrable offence.

This means that a person who was convicted of this offence will have a criminal record unless it is rendered spent.

Section 377A, which criminalised sexual activities between males, was repealed by Parliament in November 2022.

People who were convicted under 377A can apply to have their records spent

Those whose records under section 377A have not been rendered spent may apply to the Commissioner of Police to have their records treated as spent, Shanmugam added.

In considering the application, the commissioner will consider the facts of the case, including whether it was a private activity, and whether it was between consenting adults.

Individuals who wish to make an application to the Commissioner of Police can email [email protected], with their personal particulars, contact information and reasons for consideration.

17 people convicted under Section 377A were still alive at time of repeal

The minister was responding to a question posed by Member of Parliament Louis Ng about the outcome of the Ministry’s consideration of how criminal records pertaining to section 377A can be rendered spent in light of its repeal.

Shanmugam added that a person’s conviction is automatically rendered spent after five years of being crime-free, unless the individual is disqualified under certain conditions as prescribed in the Registration of Criminals Act (RCA).

Such conditions include the sentence imposed exceeding three months’ imprisonment or a S$2,000 fine.

Earlier in November 2022, the Ministry of Home Affairs said that 17 people who were convicted between 1988 and 2007 for consensual, private, homosexual acts between adults are still alive, CNA reported.

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