Révisé par ThaiLawOnline, un cabinet d'avocats thaïlandais agréé exerçant en Thaïlande depuis 2006. Avocate thaïlandaise en charge du dossier : Wichuda Atthamethakon, LL.M., licence du barreau thaïlandais 3149/2556.
Dernière mise à jour :
A casier judiciaire (ประวัติอาชญากรรม, prawat atchayakam, également criminal history ou police record) in Thailand is the file held by the Criminal Records Division of the Royal Thai Police on a person who has been fingerprinted as a suspect, indexed by fingerprints and identity details and updated with the outcome of the case. It is the database searched for a police clearance certificate. Foreigners meet it when applying for a visa abroad after living in Thailand, for permanent residence or citizenship, or when a past arrest surfaces in an immigration check.
Table des matières
What the record contains and who keeps it
A file opens at the fingerprinting stage. Quand le enquête officielle takes a suspect’s fingerprints for an offence carrying imprisonment, the prints and the charge are sent to the Criminal Records Division, which opens or updates the file. The court’s judgment is added later: conviction and sentence, acquittal, or a prosecutor’s decision not to indict. A settlement bien paid at a police station or at immigration for a petty offence, a traffic matter or an dépasser la durée de son séjour is not a conviction and creates no record.
The Royal Thai Police’s own regulations govern what is kept. Under the rules adopted in the early 2020s, records of cases that ended in non-prosecution, withdrawal of a compoundable complaint, acquittal or dismissal are to be removed from the disclosure file on request, and petty offences and negligence offences punished by fine only are not disclosed. A conviction with a prison sentence, whether served or suspended, stays on the file.
Who can see a Thai criminal record
The police, the ministère public, the courts and the Bureau de l'immigration consult the database directly. Other government agencies see it when the law lets them ask: the work permit authorities, the permanent residence committee, the Department of Provincial Administration for citizenship applications, and the Teachers Council. A private employer, landlord or business partner in Thailand cannot search the database; the only route is to ask the person to obtain a certificat de police and hand it over, which is what schools and some multinationals require.
Foreign authorities do not have access either. When a foreign immigration department asks for a Thai police certificate, it relies on the applicant applying in person or by power of attorney. The common mistake is to assume that a case that ended in a settlement or a suspended sentence has disappeared: a suspended sentence is a conviction and appears, and a case that was withdrawn stays on the internal file until removal is requested.
How a record affects visas, residence and re-entry
Section 12 of the Immigration Act bars entry to a foreigner who has been imprisoned by the judgment of a Thai or foreign court, other than for a petty offence, a negligence offence or an offence exempted by ministerial regulation. A Thai conviction can therefore lead to revocation of the stay, expulsion and a blacklist entry, and a conviction abroad is asked about in every long-stay visa, permanent residence and citizenship application. A fine-only sentence does not trigger Section 12 by itself, but immigration officers see the file and use discretion at each extension. Records abroad are not shared automatically with Thailand; they enter the file only if a foreign court or Interpol notice is brought to the attention of the Thai authorities.
Foire aux questions
Does a fine in Thailand show on a criminal record?
A fine imposed by a court after conviction is recorded, although petty offences and fine-only negligence offences are not disclosed on a clearance certificate under Royal Thai Police rules. A settlement fine paid at a police station, at immigration for overstay, or for a traffic offence is not a conviction and creates no record.
Can a criminal record in Thailand be expunged?
Partly. Under Royal Thai Police regulations a person whose case ended without prosecution, was withdrawn, or resulted in acquittal or dismissal can ask the Criminal Records Division to remove the entry from the disclosure file. A conviction that carried a prison sentence, served or suspended, remains on the record.
Can a foreigner with a criminal record enter Thailand?
It depends on the sentence. Section 12 of the Immigration Act bars entry to anyone imprisoned by a Thai or foreign court except for petty or negligence offences, although this is enforced mainly when the record comes to the officer’s attention. A foreign conviction must be disclosed in applications for long-stay visas, permanent residence and citizenship.
Voir aussi : certificat de police, peine avec sursis, liste noire de l'immigration, Résidence permanente, et les guides vérification du casier judiciaire en Thaïlande ET comment obtenir un certificat de police en Thaïlande.
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