Job application form have you ever been detained by police in court of law

[dreamlander]

Originally Posted by Unregistered

the declaration qn is so weird, normally organisations will only ask 'have you ever been convicted or charged before'?

spent record is as good as no record. you are not charged or convicted.

even if your HR check with law enforcement agencies, there will be no record.

hence, for 'have you ever been convicted or charged before?', an applicant can legally put No.

you can google spf spent record for more info.

unless you are applying for a job in the uniformed organisations, i wld say dun need to think so much.

Hi, thank you for sharing your views.

yes, there was two related questions.

one was have you ever been convicted in a court of law in any country?

the other one is have you ever been arrested or detained by police, CID, CPIB or any other law enforcement agencies?

so my friend is worried about the second question because he did get detained by police before for that petty $8 shop lifting offence, that did not leave with him with a criminal record as he was shown leniency.

But he is wondering if the HR department in Singapore actually have the "far reaching ability to find out" from the police or CID regarding that arrest, even if he has no criminal record to begin with (according to his eportal criminal record spent status). He wasn't sure if his case was a conviction with probation or not. All he could remember was the judge in that small office at cantonment police hq said that this is his first time, so they will show leniency and there won't be a criminal record. but the next time he reoffend, he would be charged accordingly and that would leave a police record.

And just to share what I know, based on my own research, it seems like for individuals with criminal records spent, you have to choose yes to both questions. The HR departments are able to get hold of past criminal records of the conviction even if spent. This is especially the case for finance managers, doctors, lawyers for offences like malpractice, dishonest cheating, corruption or serious type. So even after 5 or more years, they may have their record spent, but that previous conviction will still be obtainable and visible from CID. So if they choose no to those two questions, that's considered false statement and HR will form their own opinions after they found out. if click yes, at least during the interview, these individuals can explain or defend themselves.

[dreamlander]

Originally Posted by Unregistered

likely the so-called judge u mention in your earlier paragraph
is the DPP that AGC has sent to various land divisions as part of Ministry initiative to expedite on clearing cases
not a judge cos the only times one get to see the judge in person (not a cherished occasion) is when he need to appear in court to answer to the charge and whether claim trial, PG...that itself will be another topic for the day

in general
case investigation done and IP put up to AGC to determine on appropriate course of action
AGC will then direct the law enforcement agency to proceed with

a) formal court charge (appear in state courts for 1st mention for example)
b) issue stern/written warning in lieu of prosecution
c) no further action taken

from looks of it, likely your "friend" got away with (b)?
and depend on job nature etc, HR has discretion to conduct necessary screening/background checks on the applicant/candidate...so likely if need to screen, sure will prowl the cyberspace, and the likes of MSD, ISD and CRO etc for any dark secrets that the applicant didn't truthfully declare in the app form

an insightful reply filled with relevant information, thanks so much. the case was so small that it would have never made it to the news. and no, it was never mentioned in the news or online. if you meant the hr department will check the internet for more info my friend, i doubt they can find any. he doesn't use internet nor social media. And this case happened like more than 15 years ago.

Now my friend is only wondering can HR department have that far reaching ability to find out from CID regarding any previous arrests, even if there was no formal charge or conviction, or criminal record.

Have you ever been arrested or detained by police? To click yes or no, that is the worry he has.

Anyone is free to use any name to post in this forum so "Unregistered" is not an actual account, meaning anyone can post.

Anyway it doesn't matter, you can just answer no. I have a criminal record for fighting in school during my secondary school days and yes, it's definitely on my record, I know cause during NS I was in SPF and my officer saw my record and told me.

Worked at multiple MNC many years later, many asked if I have criminal records, some even asked if I've had any traffic violation or not, I answered no to everything, nothing happened.

[dreamlander]

Originally Posted by Unregistered

the declaration qn is so weird, normally organisations will only ask 'have you ever been convicted or charged before'?

spent record is as good as no record. you are not charged or convicted.

even if your HR check with law enforcement agencies, there will be no record.

hence, for 'have you ever been convicted or charged before?', an applicant can legally put No.

you can google spf spent record for more info.

unless you are applying for a job in the uniformed organisations, i wld say dun need to think so much.

Yes, I saw the word guest under the name Unregistered, earlier I was thinking wow this Unregistered guy is so active answering to all questions on this forum, lol...

The question regarding whether convicted or not, is not a problem because he was never charged or convicted at far as he could remember, and he has checked there is no criminal record spent in his police eportal, probably because there was never a criminal record in the first place.


The second related question was "have you ever been arrested or detained by police, CID, CPIB or any other law enforcement agencies?"

To answer yes or no, that is the worry my friend has.

[dreamlander]

Quote myself:

"And just to share what I know, based on my own research, it seems like for individuals with criminal records spent, you have to choose yes to both questions. The HR departments are able to get hold of past criminal records of the conviction even if spent. This is especially the case for finance managers, doctors, lawyers for offences like malpractice, dishonest cheating, corruption or serious type. So even after 5 or more years, they may have their record spent, but that previous conviction will still be obtainable and visible from CID. So if they choose no to those two questions, that's considered false statement and HR will form their own opinions after they found out. if click yes, at least during the interview, these individuals can explain or defend themselves."

Extra information found from CNA news online for those who may have found themselves in such situations. If convicted before, your criminal record is spent after 5 or more years, but you may still need to declare yes.




SINGAPORE: Ex-offenders whose criminal records have been rendered spent can legally declare they have no such record, but this may not mean that their employers won't find out about it.

A potential employer could get around this but simply asking job applicants not only about criminal records but whether they have previously been convicted in court, lawyers told CNA.

Those who want to apply for a job that they are lawfully disqualified from due to their conviction will also have to declare their records even if they have been rendered spent. This includes doctors convicted of certain offences, such as those involving dishonesty.

[dreamlander]

Now my friend is only wondering

Does Singapore HR department have that "far reaching ability" to find out from CID regarding any previous arrests or detainment, even if there was no formal charge or conviction, or criminal record.

Have you ever been arrested or detained by police? To click yes or no, that is the worry he has.

Originally Posted by dreamlander

an insightful reply filled with relevant information, thanks so much. the case was so small that it would have never made it to the news. and no, it was never mentioned in the news or online. if you meant the hr department will check the internet for more info my friend, i doubt they can find any. he doesn't use internet nor social media. And this case happened like more than 15 years ago.

Now my friend is only wondering can HR department have that far reaching ability to find out from CID regarding any previous arrests, even if there was no formal charge or conviction, or criminal record.

Have you ever been arrested or detained by police? To click yes or no, that is the worry he has.

you doubt so?
dont assume can't find old stuff
once click yes on the appropriate question/section of the form, it's deem as applicant give consent to hiring organisation to conduct the necessary checks /verification
if the HR side need to screen the fella upside down (because his/her work nature likely need to deal with sensitive data), likely will have to check with the likes of MSD, ISD and CRO for a start minimally

MSD --> mainly under MINDEF side of the hse to see if the pax has any overseas military-related connections that could affect work
ISD --> pretty straight forward...if the person is suay suay ever kena restriction order etc, sure will have names splashed in the media and very easy to find. In one of my ex workplaces where the dept does registration of folks that want to work as employment agency staff, one guy's application was rejected straight after his name was flagged out for being detained by ISD and given restriction order previously
CRO --> that's where the pax's conviction records are kept. whilst the point on spent records (ie think need to stay crime free for 5 years at least from the time of jail release), if the person has clocked any petty crime whh gets conviction (court imposed fines or jail term are counted) way back in the old era (under old version of Penal code, there will still be records...if the offence is petty and donkey eras ago, likely won't impact much cos u can scope the narrative that the person has change for the better for example

Originally Posted by dreamlander

Yes, I saw the word guest under the name Unregistered, earlier I was thinking wow this Unregistered guy is so active answering to all questions on this forum, lol...

The question regarding whether convicted or not, is not a problem because he was never charged or convicted at far as he could remember, and he has checked there is no criminal record spent in his police eportal, probably because there was never a criminal record in the first place.


The second related question was "have you ever been arrested or detained by police, CID, CPIB or any other law enforcement agencies?"

To answer yes or no, that is the worry my friend has.

It seems you are very vested in your “friend” case. But whether it’s really a “friend” or you is not the crux.

Think you should advise your “friend” the crux is not whether he/she can try to get away with it by answering no, hoping employer no resources to find out. Even if he/she get the job, for as long as he/she is employed there he/she has to live with the fear he/she will be found out one day for the false declaration. At that time he/she can still be terminated for lying. Eg. What if one day the police officer who investigated your “friend” case turn up at your “friend” workplace and remember your “friend”?

Isn’t it better to come clean and answer “yes”, usually such declaration can explain, your “friend” can just say he/she was young and foolish, long time pass since, no actual records, etc.

If the job is yours it’s yours, if not lie also don’t mean your “friend” will get it. As for purpose of such question, just speculating it could be to assess whether potential hires got tendency towards certain kind of offences, eg. If working with say children and the potential hire was arrested a few times for offences involving children, even if not eventually charged it’s still a relevant consideration right?

Btw just a side point, judge don’t usually sit in police station. If they were really wearing black robe, doesn’t mean they are judge. I suppose since it’s your “friend” story not all details may be accurate.

Originally Posted by dreamlander

Hi, thank you for sharing your views.

yes, there was two related questions.

one was have you ever been convicted in a court of law in any country?

the other one is have you ever been arrested or detained by police, CID, CPIB or any other law enforcement agencies?

so my friend is worried about the second question because he did get detained by police before for that petty $8 shop lifting offence, that did not leave with him with a criminal record as he was shown leniency.

But he is wondering if the HR department in Singapore actually have the "far reaching ability to find out" from the police or CID regarding that arrest, even if he has no criminal record to begin with (according to his eportal criminal record spent status). He wasn't sure if his case was a conviction with probation or not. All he could remember was the judge in that small office at cantonment police hq said that this is his first time, so they will show leniency and there won't be a criminal record. but the next time he reoffend, he would be charged accordingly and that would leave a police record.

And just to share what I know, based on my own research, it seems like for individuals with criminal records spent, you have to choose yes to both questions. The HR departments are able to get hold of past criminal records of the conviction even if spent. This is especially the case for finance managers, doctors, lawyers for offences like malpractice, dishonest cheating, corruption or serious type. So even after 5 or more years, they may have their record spent, but that previous conviction will still be obtainable and visible from CID. So if they choose no to those two questions, that's considered false statement and HR will form their own opinions after they found out. if click yes, at least during the interview, these individuals can explain or defend themselves.

hello, i work in HR and do background checks so i can help u answer this.

but first, may i know what is the reason you shoplift? why only $8? why not more?

[dreamlander]

Originally Posted by Unregistered

hello, i work in HR and do background checks so i can help u answer this.

but first, may i know what is the reason you shoplift? why only $8? why not more?

I never did ask what exactly happened as it's not relevant to what he is concerned about.

If you work in HR and can provide insights regarding the question below, please share, thank you.

Does HR department have that "far reaching ability" to find out from CID regarding any previous arrests or detainment of a job seeker that happened more than 15 years ago, even if there was no formal charge or conviction, or criminal record to begin with for a petty shoplifting offence.