Frequently asked questions
- If the applicant who possesses a Macao SAR Resident Identity Card is not in Macao, can he/she authorize a representative to apply for the Certificate of Criminal Record on his/her behalf?
- What are the procedures for collecting the Certificate of Criminal Record?
- If a non-Macao resident wants to apply for the Certificate of Criminal Record, what should he/she do?
- Can a non-Macao resident authorize a representative to apply for the Certificate of Criminal Record?
- Can an applicant apply for the Certificate of Criminal Record if his/her Macao SAR Resident Identity Card has already expired?
- Can an applicant authorize his/her relatives in Macao to pay the postal application fees on his/her behalf?
- If the applicant was sentenced by the Subordinate Court to an imprisonment of 2 months, a probation of 1 year and a driving ban of 1 year, will this criminal record be shown on his/her certificate?
- In case the applicant was sentenced to an imprisonment of 7 months, what should he/she do if he/she does not want the criminal record to appear on his/her certificate?
- If the applicant was sentenced by the Subordinate Court and he/she has already fulfilled the penalty to which he/she is sentenced. When will the criminal record be totally removed (i.e. expunging the criminal record)?
- If the applicant was sentenced to imprisonment for less than 5 years and he/she has fulfilled all penalties, what should he/she do if he/she does not expect to include the criminal record in the certificate before removing the criminal record?
- What should an applicant do if he/she wants to know the removal date of his/her criminal record (i.e. expunging the criminal record)?
1. If the applicant who possesses a Macao SAR Resident Identity Card is not in Macao, can he/she authorize a representative to apply for the Certificate of Criminal Record on his/her behalf?
Yes, he/she can. The applicant can authorize a representative to apply for the Certificate of Criminal Record by duly filling out and signing an authorization form (according to the Macao SAR Resident Identity Card) and submitting a photocopy of the applicant’s Macao SAR Resident Identity Card and the original identification document of the representative. Besides, the applicant should indicate the purpose of the certificate in the authorization form.
2. What are the procedures for collecting the Certificate of Criminal Record?
The applicant who reached 16 years old can collect the document in person or by an authorized person. To authorize a representative to collect the document, the applicant has to fill out the authorization form on the receipt and sign the receipt according to the Macao SAR Resident Identity Card signature. For the special certificate of criminal record of minor applicants under 16 years old, the authorization form must be signed by their parent or legal representative.
Note﹕
- When applicants who lodged the application via Macao One Account authorize a representative to collect the document, they have to download and fill out the declaration form for authorizing other person to collect the Certificate of Criminal Record on behalf of the applicant).
- When the authorized person collects the certificate, he/she has to submit the original declaration and present a valid identification document for verification.
3. If a non-Macao resident wants to apply for the Certificate of Criminal Record, what should he/she do?
The applicant can lodge an application at the Identification Services Bureau by producing proof of residence/stay in Macao and other valid identification documents, for instance the original copy of an “Non-Resident Worker’s Permit” (holder of “Non-Resident Worker’s Identity Card” is required to submit a photocopy or a proof of cancellation) and a valid travel document or a notice of residence permit issued by the Public Security Police Force.
4. Can a non-Macao resident authorize a representative to apply for the Certificate of Criminal Record?
Yes, he/she can. The authorized representative must provide necessary documents for the application of the applicant including proof of residence/stay in Macao and other valid identification documents of the applicant, a valid authorization letter (applicant must sign according to the identification document provided) and a full clear set of ten fingerprint impressions. If there is not any signature on the applicant’s identification documents, he/she can provide an authorization letter with a notarized signature or other identification documents affixed with the signature of the applicant for verification. (Please note that if the applicant holds a Hong Kong SAR identity card, which is a document without any signature of the holder, he/she must present a page of his/her Hong Kong SAR passport with the applicant’s signature at the same time.) Besides, the applicant should indicate the purpose of the certificate in the authorization letter.
5. Can an applicant apply for the Certificate of Criminal Record if his/her Macao SAR Resident Identity Card has already expired?
Yes, he/she can. The certificate will indicate that the applicant’s Macao SAR Resident Identity Card has already expired. Besides, the applicant can request to be issued the certificate after the renewal of his/her Macao SAR Resident Identity Card.
6. Can an applicant authorize his/her relatives in Macao to pay the postal application fees on his/her behalf?
Applicants can authorize the relatives in Macao to pay the relevant fees by providing the name and contact number of the relatives in the application letter to the Identification Services Bureau. The Identification Services Bureau will notify the authorized person to pay the fees at the Identification Services Bureau when all the application materials are received.
7. If the applicant was sentenced by the Subordinate Court to an imprisonment of 2 months, a probation of 1 year and a driving ban of 1 year, will this criminal record be shown on his/her certificate?
In pursuant to the stipulations of Article 21 e) of Decree No. 27/96/M, in normal situation, the above-mentioned criminal record will generally be shown on the applicant’s certificate if he/she lodged the application during the period of the driving ban, otherwise it will not be shown on the certificate for applications after the banning period, except it is used for the usage stipulated by other special regulations. (If the certificate is used for purpose stipulated by certain special regulations, e.g. application for being a private security officer or a position in the Public Security Force of Macao, references should be made to the relevant stipulations of the special regulations for more details.)
8. In case the applicant was sentenced to an imprisonment of 7 months, what should he/she do if he/she does not want the criminal record to appear on his/her certificate?
According to the stipulations of Article 27 of Decree No. 27/96/M, the applicant can lodge an application to the Subordinate Court for the exemption from the transcription.
9. If the applicant was sentenced by the Subordinate Court and he/she has already fulfilled the penalty to which he/she is sentenced. When will the criminal record be totally removed (i.e. expunging the criminal record)?
In accordance with the stipulations of Article 24 of Decree No. 27/96/M,
(1) If the sentence to imprisonment is not longer than 5 years, the applicant’s civil rights will be automatically restored legally in 5 years upon the fulfillment of all penalties provided that there is no recommitment. In such a case, the criminal record will be removed (i.e. expunging the criminal record).
(2) If the sentence to imprisonment exceeds 5 years, the applicant’s civil rights will be automatically restored legally in 10 years upon the fulfillment of all penalties provided that there is no recommitment.. In such a case, the criminal record will be removed (i.e. expunging the criminal record).
(3) In case of minor breaches, the applicant’s civil rights will be automatically restored in 1 year upon the fulfillment of all penalties provided that there is no recommitment, the criminal record will be removed (i.e. expunging the criminal record).
10. If the applicant was sentenced to imprisonment for less than 5 years and he/she has fulfilled all penalties, what should he/she do if he/she does not expect to include the criminal record in the certificate before removing the criminal record?
In pursuant to the stipulations of Article 25 and 26 of Decree No. 27/96/M, applicant can lodge an application for judicial restoration of civil rights at the Subordinate Court in 2 years upon the fulfillment of all penalties. Besides, he/she can make the application at the Subordinate Court in 4 years upon the fulfillment of all penalties if the imprisonment exceeds 5 years.
11. What should an applicant do if he/she wants to know the removal date of his/her criminal record (i.e. expunging the criminal record)?
The applicant can lodge an application in person at the Identification Services Bureau (DSI). He/she will be notified of the removal date of his/her criminal record (i.e. expunging the criminal record) by an official letter from DSI. The application is free of charge.