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Are my criminal convictions declared spent?

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Hardy
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Are my criminal convictions declared spent?

Postby Hardy » Fri, 05 Aug 2016 1:15 am

Hi, I have a question which I am not to sure about? I am originally from the UK and have moved to Singapore and am now living with my wife. I am on a LTVP and applying for PR. Unfortunately when I was younger I had a drug problem with heroin and subsequently I ended up stealing for my addiction. I got sent to jail numerous times, mainly for theft and a couple of times for possession of small amounts of heroin. I am now totally clean and have not been in trouble for over 5 years. In the UK my criminal record is declared as spent but I'm not to sure whether it is declared spent here or not. An example of my worst conviction is
Imprisonment 3 months concurrent
Imprisonment 3 months concurrent
Imprisonment 3 months.
So are my criminal convictions classed as spent or not as I am now looking for work.
Who can I ask about this?
I have looked on the forum already but cannot find a relevant answer.
To be honest I'm surprised they even let me in the country.
Thanks :)

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x9200
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Re: Are my criminal convictions declared spent?

Postby x9200 » Fri, 05 Aug 2016 7:25 am

Note, what they typically ask in various application forms is not whether the applicant has a criminal record but whether the applicant has ever been convicted in a court of law in any country. I believe this question is also included when applying for LTVP, so what did you answer there?
Is your wife Singaporean?

BBCWatcher
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Re: Are my criminal convictions declared spent?

Postby BBCWatcher » Fri, 05 Aug 2016 12:39 pm

You answer the question asked, truthfully, or decline to answer. What's the exact question you're being asked (quoted verbatim)?

If you're asking about the question asked when applying for PR, the PR application (ICA Form 4, Part B) asks "Have you or has any one of the persons included in this application ever: ... (d) Been convicted of or currently charged with a crime or offence in ... ii) Any other country?" Based on your description, you would answer Yes to that question and, as instructed, "provide a detailed explanation on a separate sheet of paper."

Hardy
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Re: Are my criminal convictions declared spent?

Postby Hardy » Fri, 05 Aug 2016 3:09 pm

Thanks for both of your reply's. The job which I have applied for just asked whether I had a criminal record and that's it. (I have noticed as well they do put when I have applied for other jobs, have you been convicted in a court of law in any country like you said x9200). I put down no as my record is spent in the UK. I have looked online and I'm not 100% if my record here is classed as spent or not. I have declared my record to the ICA and everything is ok there, the problem I have is when I apply for work. I had an interview the other day and they said they will phone the ICA and ask if I have a record and then speak to MOM and get them to send out a letter of concent. If my record does still stand here in Singapore I would like to know so I know what I'm up against. My wife is a Singaporean.
I think I will speak to a solicitor and find out for definite. Thanks again :)

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x9200
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Re: Are my criminal convictions declared spent?

Postby x9200 » Fri, 05 Aug 2016 3:55 pm

Just to make it clear, if they ask for a record, then IMHO if spent, there is no need to declare anything. But if they ask whether one was ever convicted, then regardless the record spent it should be IMHO, declared.

If ICA knows about your troubled past and is fine with it, then the only problem with MoM I could expect if they consider the job you are applying for as a sensitive one (security, dealing with money, with drugs etc.).

Hardy
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Re: Are my criminal convictions declared spent?

Postby Hardy » Sat, 06 Aug 2016 7:34 am

Ok. thanks for your help x9200.

PNGMK
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Re: Are my criminal convictions declared spent?

Postby PNGMK » Mon, 08 Aug 2016 10:10 am

If my record was 'spent' I would not declare either a conviction or a record unless I was applying for a position where I believed HR had the resources to 'piece the veil' on the confidentiality of the records in my home country - that would be (in Singapore) limited to Australian govt police and four letter agencies and possible the Singapore MHA, MFA, SPF and SAF. I certainly would not declare it to a private employer. Note some private employers use agencies such as XXX to do background checks and I suspect they are engaging in less than upright behavior in obtaining records.
I have gay, black, Asian friends and then JR8.

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x9200
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Re: Are my criminal convictions declared spent?

Postby x9200 » Mon, 08 Aug 2016 2:18 pm

For the private employers I don't think there is any obligation to answer such questions, but if one decides to answer, then I am not sure if this is completely safe to make a "mistake". For any government body, especially when applying for passes, I would double ensure they get what they want. No harm to call them and ask.


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