I've been charged as "blackmail" when i was 16, now i'm 28 and get back my privious record in court named "Cert of trail" and it mentioned that I only need to paid fine with no convition record. later i check my "criminal record" in police side, police just only mentioned that I hv such of record and paid fine and the guys told me that I have entitle in the "Conditional dischagre". Any mistake?
hi, tks for your answer, since i have been chargedin hong kong and could you pls tell me more details on what's the different btw convition and criminal record. thank you
- peterchan7708Lv 71 decade agoFavorite Answer
Basically if you have been charged for a criminal offence and have been convicted by a court of law in Hong Kong, without exception you will have a criminal record. It does not matter whether your punishment for that conviction was a fine or a prison term - you still has a criminal record.
However, under Chapter 297 of the Laws of Hong Kong - REHABILITATION OF OFFENDERS ORDINANCE - section 2 - Protection of rehabilitated individual, it states that:
(a) an individual has been convicted in Hong Kong (before or after the commencement of this Ordinance) of an offence in respect of which he was not sentenced to imprisonment exceeding 3 months or to a fine exceeding $10000;
(b) he has not been convicted in Hong Kong on any earlier day of an offence; and
(c) a period of 3 years has elapsed without that individual being again convicted in Hong Kong of an offence, then-
i) no evidence shall be admissible in any proceedings which tends to show that that individual was so convicted in Hong Kong;
(ii) any question asked of that individual or any other person relating to, or any obligation imposed on that individual or any other person to disclose, that individual's previous convictions, offences, conduct or circumstances shall be treated as not referring to that conviction; and
(iii) that conviction, or any failure to disclose it shall not be a lawful or proper ground for dismissing or excluding that individual from any office, profession, occupation or employment or for prejudicing him in any way in that office, profession, occupation or employment.
In your case your conviction was 12 years ago and the punishment for such was a fine. So as long as you did not commit another offence in the 3 years after the conviction, your criminal record could be viewed as "spent". In simple terms you can lawfully tell other people that you do not have a criminal record, and you will be treated by a court of law as having no previous criminal record, should you have to go to trial again (I I hope not!! :p).
However, this law does not apply to the Disciplined Services of the HK Government (Police, Immigration, Correctional Services etc.) should you apply for a job there. Also, this law only entitles you to tell people you do not have a criminal record. It does not "erase" / "delete" your criminal record from the system. You record will still be held at the CRB (Criminal Records Bureau) of the HK Police and also the Court records.Source(s): Veni - Vidi - Vici
- 【★︽★】﹏◢“●“◣Lv 51 decade ago
Actually, that is a record, once you've booked and there will be record.
First you need to know what kind of Criminal Record there are:
Spend Conviction : On an not serious offence and your criminal offence will become "Spend" if you do not reoffend that conviction
Current Conviction : Where a conviction that you are still serving or being served but the criminal offence is too serious that will not become "Spend" Offence usualy with Jail term will not be "Spend"
Minor Conviction : A conviction where committed when you are under 16. Where either you do or do not go to coourt about it.
Aquitted Conviction : Where a conviction is trialed and set free by the judge, wether will it be lack of evidence or in sanity reason.
Other Conviction : Where any other conviction lie outside those 4 will be in this catagory, include oversea conviction
CNCC record EVERY Crminal Record no matter. (that is a CNCC will list all five conviction in the above catagory.) Once a criminal offence is booked, Trailed (Over 18) it will be in your CNCC.
The problem with CNCC is some country's standard are, thye do not count Spend, Aquitted and Minor (Junvenile Conviction). But some do, before you can tell me which country you apply to, it's hard to advice you futher.