If you have had a criminal past and are worried that your criminal records are a stain and block to future job prospects, healthy love and social life, etc. Here is what to know about criminal records and how long they last in South Africa.
The Law clearly defines criminal records as official records or past offences an individual has been convicted of by the court regardless of pleading guilty or not guilty. There are no criminal records for people who were found not guilty by the courts.
Criminal background checks
Many employers conduct background checks on potential employees to ensure that they are not letting a dangerous criminal around their business. A criminal record check is called a police clearance certificate or a certificate of good conduct. You can get a police clearance certificate at any SAPS police station for R114,00. You also need to provide an ID and fill out an application form. The clearance certificate will be ready within 15 days.
How long will it take to do a criminal background check in the country?
Criminal background checks take a while especially if the subject in question has a long ”rap sheet”. For people with no criminal history of run-ins with the law, it should not take long to receive a certificate of good conduct. But if the police find any past offences, they will put together a detailed breakdown of the illegal activity or criminal history which may take up to 3-4 weeks.
Will, I still have a criminal record even though the charges were dropped
Once your charges are dropped, there will be no criminal records of the charges. But you will still need a clearance certificate as proof of your clean record.
Can you clear a criminal history in South Africa?
Yes, it is possible to clear a criminal history in South Africa. It is a long process and quite expensive.
Applying for removal of a criminal record is free, but it is lengthy so many people engage the service of a lawyer to help.
Expungement of criminal record
Not everyone can get their criminal records expunged. To qualify, ten years must pass after your date of conviction. If you want your record cleared before 10 years, that may not happen.
Here are some convictions that can be cleared
Corporal punishment
Sentence postponement,
The accused was cautioned and discharged
