News Forum - New draft law will allow ex-cons to expunge criminal records

[Stevejm]

5 hours ago, HolyCowCm said:

Yeah, sounds like beat and rape a 90 year old woman, serve your time get your record cleared, but be a nasty foreigner and you must be monitored. As stated in a post up above, this might just be the golden egg card for the privileged to clear their slate and sue anyone for defamation who calls them a spade when they have been reborn into a heart. Maybe the powers that be also know that when they finally have to get out, there will more than likely be law suits and charges coming their way if they cannot extend a life long amnesty for themselves..

Better to wait and see what is decided before making dramatic predictions. It’s only up for discussion at the moment and the law isn’t going to be finalized until September according to the OP

[HolyCowCm]

33 minutes ago, Stevejm said:

Better to wait and see what is decided before making dramatic predictions. It’s only up for discussion at the moment and the law isn’t going to be finalized until September according to the OP

Just speculation and a reply to a posters post. It’s s obvious it isn’t clear cut.

[Stevejm]

46 minutes ago, HolyCowCm said:

Just speculation and a reply to a posters post. It’s s obvious it isn’t clear cut.

Fair enough

[Stevejm]

On 6/19/2022 at 10:01 PM, HolyCowCm said:

Just speculation and a reply to a posters post. It’s s obvious it isn’t clear cut.

UK has different levels of checks according to the position applied for so adoption of something similar could address some of the concerns. Conversely many people who weren’t even sentenced to prison are being blocked from employment even for minor offences committed as a juvenile.

https://www.theguardian.com/law/2022/jun/21/dbs-thousands-locked-out-of-jobs-because-of-mistakes-in-youth-campaigners-say?CMP=Share_iOSApp_Other

[HolyCowCm]

2 minutes ago, Stevejm said:

UK has different levels of checks according to the position applied for so adoption of something similar could address some of the concerns. Conversely many people who weren’t even sentenced to prison are being blocked from employment even for minor offences committed as a juvenile.

https://www.theguardian.com/law/2022/jun/21/dbs-thousands-locked-out-of-jobs-because-of-mistakes-in-youth-campaigners-say?CMP=Share_iOSApp_Other

 

In the USA it is sealing your records before 18 years old I think. But today there was an article regarding the Thai police being sable to arrest you for outstanding traffic fines not paid and this going against you as a serious offense on your record. Has to be smartly and intelligently put into place and not having a straight across the board sever effect on everyone. I can agree to seal people's records for offenses that are radical.

 

[Fanta]

4 minutes ago, HolyCowCm said:

can agree to seal people's records for offenses that are radical

Radical? Like blow a building type radical? 

[HolyCowCm]

3 minutes ago, Fanta said:

Radical? Like blow a building type radical? 

Hate crimes, and yes if the building has poeple in it and not vacant and ready to be torn down. Just things that are truly over the top is what I mean.

[Stevejm]

27 minutes ago, HolyCowCm said:

Hate crimes, and yes if the building has poeple in it and not vacant and ready to be torn down. Just things that are truly over the top is what I mean.

It should depend on the position being applied for too. In UK a higher standard is applied for applicants to jobs involving children or carers. I bet we could all agree that a nuanced approach is required that leaves the general public protected without condemning every person with a conviction to a lifetime sentence of being unable to work ( which means  they will be permanently dependent on public funds or revert back to crime to support themselves). Many of the convictions that show up in the UK background check are for police cautions where people admit to a crime without having legal representation in order to save police and court time.

Edited June 21, 2022 by Stevejm

[Stevejm]

41 minutes ago, HolyCowCm said:

In the USA it is sealing your records before 18 years old I think. But today there was an article regarding the Thai police being sable to arrest you for outstanding traffic fines not paid and this going against you as a serious offense on your record. Has to be smartly and intelligently put into place and not having a straight across the board sever effect on everyone. I can agree to seal people's records for offenses that are radical.

You mean that persons convicted of offenses when they were under 18 have an apparently clean record when they go for a background check in later years?

[HolyCowCm]

1 hour ago, Stevejm said:

You mean that persons convicted of offenses when they were under 18 have an apparently clean record when they go for a background check in later years?

Each state in the USA can vary but not sure about all of them, but yes juveniles can have their records sealed. I think takes about a year. An adult can also but that takes 10 years? Some the severity of the crime will not allow it, but there seems to be a faster light at the end of the tunnel for juveniles. Not an authority on it but I do know of it.

[Stevejm]

4 hours ago, HolyCowCm said:

But today there was an article regarding the Thai police being sable to arrest you for outstanding traffic fines not paid and this going against you as a serious offense on your record

Don’t people in US end up getting arrested under a warrant if they don’t pay their traffic tickets?

[HolyCowCm]

33 minutes ago, Stevejm said:

Don’t people in US end up getting arrested under a warrant if they don’t pay their traffic tickets?

Haven’t been living in the USA for decades but yes if you really avoid paying them and have a bad attitude to a policeman. After awhile they can just grow to be a bigger fine and so on and then you may have big problems. But not after a short time. 

[Stevejm]

23 minutes ago, HolyCowCm said:

Haven’t been living in the USA for decades but yes if you really avoid paying them and have a bad attitude to a policeman. After awhile they can just grow to be a bigger fine and so on and then you may have big problems. But not after a short time. 

 Apparently in Bangkok violators will be arrested if they ignore tickets and subsequent summons but the charges will be dropped once the fine is paid so they shouldn’t end up with a criminal record. Starting to strictly enforce traffic laws might not be a bad thing in Thailand considering the accident rate

https://www.nationthailand.com/in-focus/40016842

[HolyCowCm]

36 minutes ago, Stevejm said:

 Apparently in Bangkok violators will be arrested if they ignore tickets and subsequent summons but the charges will be dropped once the fine is paid so they shouldn’t end up with a criminal record. Starting to strictly enforce traffic laws might not be a bad thing in Thailand considering the accident rate

https://www.nationthailand.com/in-focus/40016842

But they will have an arrest and finger printing record even if not convicted and let go. 

[Stevejm]

1 hour ago, HolyCowCm said:

But they will have an arrest and finger printing record even if not convicted and let go. 

One of the things mentioned in the piece about the proposed changes was clearing  the record of people arrested but not subsequently convicted if I remember correctly.

Edited June 21, 2022 by Stevejm

[HolyCowCm]

12 hours ago, Stevejm said:

One of the things mentioned in the piece about the proposed changes was clearing  the record of people arrested but not subsequently convicted if I remember correctly.

I think it will need to wait and see how this is covering things because there are variations to convictions and arrests that still may effect anyone and everyone caught up in the system. Just after reading an article (not thaigre) it defenitely does catch everyone up in the sytem who was entered into a police data base whether convicted or not. My thoughts are that this is polically motivated but will do a great service to the ordinary folk.

My question is will it also cover foreingers who were caught up in the sytstem? It should do this as well one would think unless the crime is far too great. Defamation or DUI's or public disturbance, or even being caught with small amounts of weed or things like that should be able to be expunged for all people. But again wait and see.

[Fanta]

13 minutes ago, HolyCowCm said:

My question is will it also cover foreingers who were caught up in the sytstem?

No way Jose. Foreigners are more often than not deported - drugs lifetime ban. most other offenses 2-10 years. The criminal record is not the offending foreigner’s biggest problem. It is the blacklist at Immigration who grant the visas. Just because a ban from entering Thailand has expired it does not mean a visa will be automatically granted. 

[Stevejm]

16 minutes ago, HolyCowCm said:

I think it will need to wait and see how this is covering things because there are variations to convictions and arrests that still may effect anyone and everyone caught up in the system. Just after reading an article (not thaigre) it defenitely does catch everyone up in the sytem who was entered into a police data base whether convicted or not. My thoughts are that this is policically motivated but will do a great service to the ordinary folk.

My question is will it also cover foreingers who were caught up in the sytstem? It should do this as well one would think unless the crime is far too great. Defamation or DUI's or public disturbance, or even being cuaght with small amounts of weed or things like that should be able to be expunged for all people. But again wait and see.

I agree but in principle if traffic violators are given 3 chances to pay their ticket. 1 Ticket issuance 2 Warning 3 Summons before arrest warrant is issued it seems reasonable. Stricter enforcement of traffic laws is a positive step IMO. Final judgment TBA after details are finalized

[HolyCowCm]

2 minutes ago, Fanta said:

No way Jose. Foreigners are more often than not deported - drugs lifetime ban. most other offenses 2-10 years. The criminal record is not the offending foreigner’s biggest problem. It is the blacklist at Immigration who grant the visas. Just because a ban from entering Thailand has expired it does not mean a visa will be automatically granted. 

Laws are changing and they can be expedited to be viewed and overshadowed by the new laws. Say such as the decriminalization of weed. I think the biggest thing is if the foreinger did jail time or not will be the thing that pushes them to being deported and black listed. Also if immigration was where they were held or if immigration infact had been told of their status and so on the immigration radar. Not the case for most instances.

[Stevejm]

19 minutes ago, Fanta said:

No way Jose. Foreigners are more often than not deported - drugs lifetime ban. most other offenses 2-10 years. The criminal record is not the offending foreigner’s biggest problem. It is the blacklist at Immigration who grant the visas. Just because a ban from entering Thailand has expired it does not mean a visa will be automatically granted. 

Wait and see. Who knows? Criminal record is checked for foreigners when they apply for TE visa but I have never been asked for a record check for a WP. Overstay record is also of interest when applying for a TE visa. The application form states that anyone who has overstayed within the last 3 years is excluded from applying.

Edited June 22, 2022 by Stevejm

[HolyCowCm]

2 minutes ago, Stevejm said:

I agree but in principle if traffic violators are given 3 chances to pay their ticket. 1 Ticket issuance 2 Warning 3 Summons before arrest warrant is issued it seems reasonable. Stricter enforcement of traffic laws is a positive step IMO. Final judgment TBA after details are finalized

Yeah, for now it is hearsay until real. For the USA one can also go to court and get the ticket fine wiped clean for some hardship or the payment put under increments or an extended amount of more time. I hjope they do the same here becasue the fact is thai folk are not doing so well since lockdowns and now goods prices going sky rocket.

[Fanta]

12 minutes ago, HolyCowCm said:

Also if immigration was where they were held or if immigration infact had been told of their status and so on the immigration radar. Not the case for most instances.

I was referring to prison time. AFAIK, when foreigners are charged with most criminal offenses they are entered into a blacklist from LEAVING the country so they cannot easily run away on bail. After release from prison they are deported by Immigration and the blacklist entry is changed from exit to entry. Pretty sure that is how it works. 

[HolyCowCm]

11 minutes ago, Fanta said:

I was referring to prison time. AFAIK, when foreigners are charged with most criminal offenses they are entered into a blacklist from LEAVING the country so they cannot easily run away on bail. After release from prison they are deported by Immigration and the blacklist entry is changed from exit to entry. Pretty sure that is how it works. 

They may have their passport taken or entered on a list of no travel, but that is not blacklisted or set up to be blacklisted as special travel circumstances can be granted. Now jail and or prison time is the no no as far as I knowq. Even ones who are convicted but served no jail or prison time will not be deported unless someone made a stink about them.