Review of the Criminal Records Act 2026 (Fiji)

By Rehana Rubeena Nabi and Suhaylah Khan

Key takeaways

The Criminal Records Act 2026 introduces a new framework that:

• allows certain minor convictions to no longer be treated as part of a person's criminal record;

• enables eligible convictions to be cleared from routine criminal record checks after a rehabilitation period;

• provides a process to expunge historical convictions for consensual same-sex conduct;

• strengthens privacy protections around criminal record information; and

• ensures fixed penalty offences generally do not result in a criminal record.

Key implications of the Act include:

• improved employment and education opportunities for individuals with minor historical convictions;

• greater protection for young offenders seeking to move on from past mistakes;

• police clearance certificates that generally exclude eligible spent convictions, expunged convictions and fixed penalty offences; and

• a stronger emphasis on rehabilitation and reintegration while maintaining protections for serious offending.

What does the Criminal Records Act 2026 seek to achieve?

The Criminal Records Act 2026 (Act No. 6 of 2026) ("Act") represents a significant reform of Fiji’s criminal justice system. The Act was passed unanimously by the Fijian Parliament on 27 May 2026 and received Presidential assent on 2 June 2026. It  will come into force on a date be to appointed by the Minister by notice in the Fiji Islands Government Gazette.

The Act repeals the longstanding Rehabilitation of Offenders (Irrelevant Convictions) Act 1997 and establishes a comprehensive framework for:

• spent convictions,

• expunged historical convictions,

• fixed penalty offences, and

• the management of criminal records.

At its core, the Act recognises that individuals who have committed offences and subsequently demonstrated rehabilitation should not face lifelong barriers to employment, education, and social participation.

When does a conviction become spent?

A key features of the Act is the introduction of a modern spent convictions regime. Once a  conviction becomes  "spent " , a person is no longer treated as having a criminal conviction and may answer questions about their criminal history and can honestly answer "no" when asked about their criminal record by an employer, landlord, or educational institution. [1] 

Importantly, spent convictions are not erased. Rather, government agencies that hold criminal records must conceal those convictions and, subject to limited exceptions, cannot disclose them.[2]

The Act provides that certain convictions become spent immediately, including:

• findings of guilt where no conviction is recorded,

• convictions of children under fifteen years of age (excluding serious convictions),

• convictions where the only penalty imposed is a fine less than below $10,000, and

• fixed penalty convictions.

This means that if a person is convicted of a minor offence and receives a fine under $10,000, that conviction becomes spent on the very day of conviction and will not appear on standard police clearance certificates. This represents a substantial improvement on the previous law, as it prevents relatively minor offences from unnecessarily burdening individuals throughout their lives.

What rehabilitation periods apply?

The Act also introduces clear rehabilitation periods. [3]For convictions that are not immediately spent, a person must not get a conviction for a prescribed period before the conviction become spent.[4]

Convictions that do not involve imprisonment become spent after two years, while convictions involving custodial sentences of up to thirty months become spent after five years.[5] For example, where a person receives a one-year prison sentence, that conviction will become spent after five years provided there is no subsequent disqualifying offending[6].

The Act, however, excluded serious convictions automatic rehabilitation These include convictions involving custodial sentencing exceeding 30 months,  sexual offences, and specified serious offences such as murder, manslaughter, grievous harm, kidnapping and arson.[7]

This approach balances rehabilitation with public safety by creating opportunities for individuals convicted of less serious offences while ensuring that serious criminal conduct remains on record.

How does the Act support young offenders?

Another significant strength of the Act is its special treatment of young offenders. Section 17(1)(c) provides that convictions for offences committed when a person was under the age of fifteen are spent immediately, excluding serious convictions.

The Act also contains special provisions for young offenders under the age of twenty-four. If a young offender receives no more than one later non-serious conviction during the rehabilitation period, that period does not recommence, making it easier for young people to have their records cleared.[8] Once a conviction is expunged under Part 4, individuals are no longer required to disclose it, and public records must be sealed. Employers, government agencies, and other institutions are prohibited from relying on such convictions in decisions relating to appointments, employment, or privileges.

How does the Act address historical homosexual convictions?

The Act goes further in addressing past injustices by allowing for the expungement of historical convictions for homosexual offences under Part 4.

Under Fiji's former Penal Code, consensual same-sex acts were criminalised. Although those laws have since been repealed many individuals continue to carry the consequences of those convictions on their records.

Section 20 allows persons convicted of historical homosexual offences to apply to the Permanent Secretary for expungement.  Under section 24 the Permanent Secretary must approve an application if satisfied that:

1.          the person would not have been charged but for suspected homosexual conduct, and

2.          the conduct would not constitute an offence under current Fiji law.

If approved, the conviction is expunged by operation of law twenty-eight days after the decision.[9]

Once expunged, the conviction is treated as thought it never happened. Iindividuals are not required to disclose the conviction for any purpose, including when giving evidence under oath, and public records relating to the conviction must be sealed.[10]

This reform represents an important recognition of the harm caused by the historical criminalisation of consensual same-sex conduct.

What privacy protections does the Act provide?

The Act also contains robust privacy protections in Part 6.

Section 41 imposes a duty on heads of Government offices to ensure that spent conviction records are concealed and not disclosed except in limited circumstances.

Section 40 provides that once a conviction is spent, the person is deemed to have no criminal record for the purpose of any question asked about their criminal record, and they may answer accordingly.

Government offices holding criminal records must conceal spent convictions and prevent unauthorised disclosure.

Section 43 creates a criminal offence for employees or contractors of a conviction record holder who unlawfully disclose a spent conviction, with a fine not exceeding $10,000.

Section 44 makes it an offence to require or request an individual to disregard the effect of a spent conviction. For expunged convictions, section 51 provides a higher penalty of up to $20,000 for unlawful disclosure, reflecting the greater sensitivity of these matters.

These provisions reinforce the effectiveness of the rehabilitation regime and help ensure that legal protections translate into practical outcomes.

What is the effect of paying a fixed penalty?

Another positive feature is the treatment of fixed penalty offences under Part 5.

Section 37 provides that payment of a fixed penalty expiates the offence.

Section 38(2) provides that payment does not constitute an admission of guilt and prevents such matters from being treated as criminal convictions.

Section 38(1)(b) clarifies that no conviction is to be taken as having been recorded against the person. This means that paying a traffic ticket or other minor regulatory fine will not result in a criminal record. This protects individuals from acquiring criminal records for minor regulatory infringements while still allowing enforcement agencies to administer penalties efficiently. However, section 39 preserves the operation of demerit schemes under other legislation, meaning traffic offences will still attract demerit points regardless of expiation.

What does the Act mean for police clearance certificates?

The Act has important practical implications for police clearance certificates.

Section 53 requires the Fiji Police Force to ensure that police clearance certificates do not contain spent convictions, expunged convictions, or expiated fixed penalty offences.

This is particularly significant for Fijians seeking overseas employment, as their police clearance certificates will now reflect their current clean record rather than minor offences from years ago. Many Fijians were previously barred from participating in the Pacific Australia Labour Mobility (PALM) scheme due to minor convictions, such as breaches of COVID-19 curfew rules. Under this new law, these minor offences will no longer appear on police checks, opening doors for overseas work opportunities.

Does a guilty plea affect eligibility?

There is an important clarification regarding guilty pleas and eligibility for spent convictions. The Act focuses on the sentence imposed and the type of offence, not on whether a person pleaded guilty or had a trial. If a person pleaded guilty and received a fine under $10,000, the conviction is spent immediately under section 17(1)(d). If they pleaded guilty and served one year in prison, it becomes spent after five years under section 18. The person's plea does not disqualify them from the rehabilitation regime. Section 3 defines "conviction" broadly to include any finding of guilt by a court, whether or not a conviction is formally recorded, and it includes fixed penalty convictions.

The critical factors are the nature of the offence and the sentence imposed, not the manner of the plea.

Conclusion

The Act is a welcome legislative reform that balances accountability with compassion. By recognizing rehabilitation, protecting individual dignity, and facilitating reintegration into society, the Act strengthens both the criminal justice system and the broader social fabric of Fiji. It stands as an important example of law reform that seeks not merely to punish wrongdoing but also to recognize human capacity for change and redemption.

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[1] Criminal Records Act 2026 (Act No. 6 of 2026), s 40.

[2] Ibid, ss 41, 42.

[3] Ibid, s 18.

[4] Ibid, ss 7, 18

[5] Ibid, s7.

[6] Ibid, ss 7, 18

[7] Ibid, s 2.

[8] Ibid, s s 19(2)(b).

[9] Ibid, s 26 (3).

[10] Ibid, ss 48, 49