Nikhil Aiyush Kumar 
[Photo: File]
Cabinet has endorsed the Criminal Records Regulations 2026 to support the commencement and implementation of the Criminal Records Act 2026.
Under the new framework, police clearance applications from the public with adverse criminal records will be assessed by the Fiji Police Force in accordance with the provisions of the Act.
In assessing police clearance applications, the Force will take into account spent convictions, expiated fixed-penalty offences, and expunged historical convictions, as provided for under the Act.
Anyone who has already applied for a police clearance and received an adverse record will need to submit a new application to the Force.
Fijians intending to travel overseas for employment, including under seasonal worker schemes, will still be required to comply with the employment and immigration laws of the country in which they intend to work.
The Ministry of Justice will be responsible for assessing and deciding on applications relating to expunged historical convictions, which are defined under the Act as homosexual offences under the now-repealed Penal Code (Cap. 17).
A person with a criminal record relating to a historical homosexual offence, or an eligible kin representative of a deceased person with such a record, may apply to the Permanent Secretary for Justice to have the record expunged.
The Ministry of Justice will make the application form for the expungement of criminal records available to the public.
Unsuccessful applicants will have the opportunity to appeal the decision through the Mercy Commission.
There will be no compensation for individuals whose historical criminal records are expunged.
