NACC suggests legal reforms to exonerate innocent individuals

The National Anti-Corruption Commission (NACC) resolved to address the issue of criminal records for individuals found innocent or not prosecuted, proposing legal reforms and submitting recommendations to the Cabinet for consideration.

During a recent meeting, the NACC decided to enhance the management of criminal records, aiming to improve efficiency and accuracy. The recommendation came after complaints from individuals previously accused or defendants in criminal cases, who were found innocent or had charges dropped but still had their information in the police database, thus appearing to have a criminal record.

Such individuals often face employment difficulties due to certain job requirements prohibiting those with criminal records. The outdated and unlinked criminal record data further complicates the issue, leading to potential misuse and exploitation, such as false claims of being able to expedite the removal of criminal records.

Moreover, there is a risk of corruption, where officials may demand or accept bribes to manipulate criminal records. The NACC’s proactive measures and innovation office conducted a study to propose measures for preventing corruption in collaboration with relevant agencies.

The study revealed that managing criminal record information is already governed by laws, regulations, and procedures. However, to prevent future complaints or accusations, the NACC suggests sending the matter to the Cabinet to streamline the process, especially regarding the timelines for each step involved.

Short-term solutions include the National Police Agency (NPA) establishing clear timelines for each stage of the process. Investigating officers must report promptly, the criminal record office must complete its tasks within a specified timeframe, and the committee responsible for reviewing records must do so within a set period. This aims to prevent corruption risks, such as officials delaying or withholding the removal of names from criminal records in exchange for bribes.

Management plan

In the medium term, the NACC proposes an integrated management plan for criminal records. The NPA should discuss integration methods with relevant agencies, potentially forming a joint working group composed of representatives from various justice system entities.

This group would work on integrating databases or establishing a clearinghouse to address outdated criminal records, slow case results, and reduce the workload for officials. The goal is to create a comprehensive database for mutual justice system use, adhering to data governance and cyber security principles.

Long-term solutions involve the NPA and the Ministry of Justice leading efforts with other relevant agencies to review and amend related laws and regulations. The aim is to establish a systematic and integrated approach to managing criminal records, ensuring the protection of citizens’ rights, reported Khaosod.