Navigating criminal record check in Thailand

A criminal record check is more than a formality, it’s a legal and reputational safeguard in the recruitment process in many countries, including Thailand. Employers want to ensure their candidates have a clean background, especially when trust, financial handling, or sensitive data is involved. But the process isn’t always straightforward.

This guide explains some key points where employers and jobseekers need to know about criminal checks, from legal obligations and challenges to how Integrity Thailand can help you navigate the process quickly and legally.

What is a criminal record check?

A criminal record check is the process of verifying whether an individual has any criminal history recorded by law enforcement or judicial authorities. In Thailand, criminal checks are typically conducted through two main sources: criminal court records and the Royal Thai Police.

The main difference between these two sources is the scope of information they provide. Criminal court records reflect only final convictions, cases that have been tried and received a verdict. In contrast, records from the Royal Thai Police offer a more comprehensive view, covering arrests, charges, convictions, and even ongoing investigations. Because of this broader coverage, checks conducted through the Royal Thai Police are generally preferred for employment screening.

Why Conduct Criminal Record Checks?

There are several compelling reasons to conduct criminal checks before hiring:

• Protect workplace safety. Especially for positions involving vulnerable individuals or financial responsibilities.
  
• Prevent fraud or theft by identifying red flags in a candidate’s history.
  
• Comply with regulatory standards in industries such as finance, education, healthcare, and logistics.
  
• Avoid negligent hiring lawsuits by demonstrating due diligence in the recruitment process.
  

While a past conviction doesn’t always disqualify a candidate, understanding the nature and relevance of the offense is essential to making informed decisions.

PDPA Thailand: why employers need to pay attention

Criminal record checks involve the collection and processing of sensitive personal data, which is strictly regulated under Thailand’s Personal Data Protection Act (PDPA). Employers conducting background checks must ensure compliance to avoid legal and reputational risks. Key compliance factors include:

• Legal basis for processing. Requires individual consent to collect criminal record data. 
• Purpose limitation. The check must be relevant to the position.
• Transparency. Inform the candidate about what data will be collected and how it will be used.
• Secure handling. Protect the data from unauthorized access.
• Retention policy. Store data only for as long as necessary for hiring purposes.

Failing to follow these requirements can result in penalties, legal action, and damage to employer reputation. Adhering to PDPA not only ensures compliance but also builds trust with candidates.

What if the candidate has a criminal record?

Discovering that a candidate has a criminal record can raise concerns, but it shouldn’t lead to immediate disqualification. Employers have a responsibility to assess each case carefully and fairly, especially in line with fair hiring practices and relevant legal standards. A thoughtful approach helps ensure that decisions are made based on risk, not bias. Key factors to consider: 

• Relevance. Is the offense related to the job duties?
• Severity. Was it a minor violation or a serious offense?
• Recency. How long ago did the offense occur?
• Rehabilitation. Has the candidate demonstrated improvement or stability since?

In many cases, it’s appropriate to discuss the findings with the Hiring Manager to evaluate the relevance of the record to the role, consider any mitigating factors, and decide on the next steps fairly and objectively.

Challenges with criminal check in Thailand

Despite being a necessary part of pre-employment screening, conducting criminal checks come with several challenges that may delay the process:

• Limited access to employers and screening companies

Only individuals can request a Police Clearance Certificate, making employers dependent on the candidate’s cooperation and timely submission of documents.

• Lack of a centralized publicly accessible database

Thailand does not have an online system for public access to criminal records, so checks must be conducted in person through official channels, such as the Royal Thai Police.

• Need to visit the location where the offense occurred

If a criminal record is found, the verification must be carried out at the police precinct or court in the area where the offense took place and not where the candidate currently resides. This requirement adds logistical complexity, especially for cases involving offenses in remote locations.

• Large geographical area and diverse terrain

Thailand spans approximately 513,120 square kilometers, making it the third-largest country in Southeast Asia. Its diverse topography, including lowlands and northern mountains, can make field visits time-consuming and resource-intensive.

• Language barrier

For foreign companies wishing to carry out this check, it is necessary to note that all documents are written in Thai.

How Integrity Thailand addressed these challenges

With nearly two decades of experience in background screening, Integrity Thailand is well-equipped to navigate the unique challenges of conducting criminal record checks in the Thai context. Here’s why the clients trust our services:

• Deep local expertise

Navigating Thailand’s bureaucracy and legal framework can be complex. With a native team consisting of verification specialists and field officers, we are able to conduct on-site checks at police stations or courts effectively.

• PDPA-compliant practices

Every step of our service is designed to comply with Thailand’s Personal Data Protection Act (PDPA). We obtain clear consent, securely handle and store sensitive information, and ensure that all personal data is processed lawfully and transparently. 

To strengthen our compliance framework, we have a dedicated Data Protection Officer (DPO) who oversees data handling practices and ensures alignment with regulatory requirements

• Strict compliance with official procedure 

Beyond data protection, we strictly follow all legal and procedural requirements when obtaining criminal record results. Whether the verification takes place at a police station or court, our team ensures that every step is carried out in accordance with applicable laws and official protocols, ensuring the legitimacy and reliability of each finding.

This thorough and regulation-driven approach provides our clients with peace of mind, knowing that the results are accurate, legally obtained, and handled with the utmost integrity.

• Multilingual support

We understand the importance of clear communication, especially when working with international clients. Our team offers multilingual support to assist with translations, explain local procedures, and ensure smooth coordination throughout the screening process, bridging the gap between Thai authorities and global employers.

• Customizable packages

Whether you need a one-off criminal check or full-scale pre-employment screening including education and employment verification, Integrity tailors its services to match your needs and budget.

Don’t let unchecked risks hurt your business

In today’s regulatory environment, hiring someone without running a proper criminal check can cost far more than a background screening fee. And doing it wrong, without legal consent or safeguards will put you at risk of violating privacy laws.

Contact us today at [email protected]