Rapsheet - Hong Kong - Spent Records

Spent Records

Criminal records are not purged regardless of time or seriousness of the case. However, under the Rehabilitation of Offenders Ordinance (HK Laws. Chap 297), a criminal record is considered 'spent' if it was the first criminal offence, sentenced to less than 3 months in jail or fined less than $10,000 and a period of 3 years has elapsed since conviction and no new conviction is registered against the said person. Spent records are recorded as such with the exception to:

• Attempting to be licensed as a barrister, solicitor, accountant or insurance broker
• Applying to become a trustee or controller for Mandatory Provident Fund or a bank controller, executive or employee
• Disciplinary proceedings against any judicial officer, members of disciplined services, probation officer, employees of Hong Kong Monetary Authority, Mandatory Provident Fund Schemes Authority, Office of the Commissioner of Insurance (insurance officers) and Securities and Futures Commission (executive grade only)
• Disciplinary proceedings against government officials who are paid on any Directorate or Directorate (Judicial/Legal Group) Pay Scale and those above point 27 on the Master Pay Scale

All Hong Kong residents who plan to adopt children or travel/emigrate to another country can request for a Certificate of No Criminal Conviction - a document that is issued directly to the Consulate and/or government agencies and not to the requester. Spent records do appear on such certificates with annotations that such records are spent according to Hong Kong law.