In a world where employment is the driving force of economies and modern society, having a criminal record can prove to be a gigantic obstacle blocking you from your dream employment opportunity. A criminal record has the potential to be a constant reminder that despite having changed your ways, you are unable to escape your past indiscretions.
The National Criminal Register records all criminal histories and provides a succinct view into the life of crime you may have once led. It provides potential employers, lenders and any interested individual with the necessary background as to your trustworthiness and credibility.
The National Criminal Register provides a list of every criminal offence displaying whether you have pleaded guilty or been found guilty, including traffic offences, where you may have elected to pay an admission of guilt fine.
HOW TO HAVE YOUR CRIMINAL RECORD CLEARED
You may make an application to the Department of Justice and Constitutional Development.
You will have to acquire a Police Clearance Certificate from the Criminal Record Centre of the South African Police Service. Once you have it, you will be required to complete the application for expungement and attach all relevant documents to the clearance certificate.
You have the option of either posting it or simply delivering the application by hand. Should your application satisfy all requirements, the Director General will grant the clearance in due course and you will get a notification from the Head of the Criminal Record Centre.
The following factors will need to be met before you qualify for clearance of your criminal record:
- There should be a period of 10 years between your date of conviction and the expungement application;
- You must have had no additional convictions nor should you have been jailed without an option of a fine during the aforesaid period;
- You must have been sentenced for a meagre offence or politically based crime or that your offence was purely as a result of your race; or
- Imprisonment should be shown to be suspended entirely or with the option to furnish payment of a fine or correctional supervision.
You will automatically not qualify for clearance of your criminal record if:
- You were guilty of a sexual offence against a child or mentally handicapped individual;
- You find yourself on the National Registry for sex offenders or National Child Protection Registry; or
- You were convicted for what is considered ‘serious offences’ and duly sentenced to direct imprisonment or a fine was imposed for more than R20 000.
Should you be faced with any queries as to clearing your criminal record, do not hesitate to contact BBP LAW INC. for assistance.