Isabella Carter
In South Africa, a criminal record is a formal record of an individual's criminal history, including convictions and pending cases, maintained by the South African Police Service (SAPS). It can impact various aspects of life, such as employment, travel, and financial applications. SAPS issues Police Clearance Certificates (PCC), which are legal documents confirming an individual's criminal record status and are often required for official purposes, including immigration and emigration. Alternatively, criminal record checks are available through platforms like AFISwitch, which provide preliminary assessments without issuing formal certificates. These checks are commonly used for employment screening and are faster than obtaining a PCC, which can take several weeks. Understanding the duration and potential expungement of criminal records is crucial for individuals seeking to move forward personally and professionally.
| Characteristics | Values |
|---|---|
| Nature of a criminal record | A formal record of an individual's criminal history |
| Maintaining authority | South African Police Service (SAPS) |
| Impact | Employment opportunities, travel, financial applications |
| Removal | Not specified |
| Types of checks | Police Clearance Certificate (PCC), Criminal record check |
| PCC application process | Submit fingerprints, personal details, and a fee at the nearest police station |
| PCC validity | Six months |
| Criminal record check validity | Longer than PCC |
| Criminal record check methods | SAPS Police Clearance Certificate, online checks through AFISwitch |
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What You'll Learn
Criminal record checks for employment
Criminal record checks are an important part of the pre-employment screening process. In South Africa, employers can conduct criminal record checks through the South African Police Service to verify if a potential employee has a criminal record. This is particularly beneficial to do before finalising an employment offer or signing a contract. While not all background checks include a criminal record screening, it is a critical component of vetting job applicants.
In South Africa, the Protection of Personal Information Act (POPI Act) regulates how personal information is handled, including data collected during background checks. Employers must obtain explicit consent from the candidate and clearly communicate the purpose of the background check and the information that will be collected. This includes determining the specific information that is relevant to the position, such as qualifications, employment history, criminal record, and credit history.
The criminal record check process in South Africa involves the following steps:
- The applicant must provide a full set of fingerprints, which must be taken by the South African Police Service. If the applicant lives outside South Africa, they can apply at any police station in their country or at the South African Embassy.
- An application form must be duly completed, and a certified copy of the applicant's identity document or passport must be provided.
- The applicant must present their identity document or passport at the police station as proof of identity when collecting the certificate.
- The finalisation of applications takes approximately 15 working days from the date when all required documents are received.
It is important to note that having a criminal record is not listed as a prohibited ground of discrimination in South Africa's Employment Equity Act (EEA). However, the Court has regarded a criminal record as an "arbitrary ground," which is an inherent attribute that influences societal perception. Therefore, employers must carefully consider whether denying employment based on a criminal record is justified and relevant to the requirements of the job.
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Police Clearance Certificates
A Police Clearance Certificate (PCC) is an official document that indicates whether an individual has a criminal record in South Africa. It is often required for visa/immigration, work permits, and employment screening. Anyone who needs an official record of their criminal status can apply for a PCC, including both South African residents and foreigners.
To apply for a PCC, an individual must submit a completed application form, their fingerprints, and a copy of their identity document or passport. Applicants living in South Africa may request that the police station forward the application to the Criminal Record and Crime Scene Management (CR & CSM) office in Pretoria at no additional cost. Alternatively, applicants may deliver the application to CR & CSM in person or use a postal or courier service at their own expense.
For applicants living outside of South Africa, they may apply at any police station in their country or at the South African Embassy. Fingerprints must be taken on the official fingerprint forms of the applicable country or, if available, on the SAPS 91(a) fingerprint enquiry form. The applicant must present their identity document or passport at the police station, as proof of identity is required.
The finalisation of applications takes approximately 15 working days from the date when all required documents are received at CR & CSM. It is important to note that a Police Clearance Certificate will not be issued if the applicant is identified as "Wanted" by the South African Police Service.
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Expungement of criminal records
In South Africa, a criminal record can hinder various aspects of your life, including employment opportunities. However, it is possible to expunge your criminal record through a legal process. Expungement involves removing the record from the criminal record database of the Criminal Record Centre of the South African Police Service. This process is carried out by the Directorate Legal Process, Department of Justice and Constitutional Development, as outlined in the Criminal Procedure Act of 1977.
To initiate the expungement process, individuals must submit an application form to the relevant authority. The application requirements include providing a full set of fingerprints taken by the South African Police Service, completing an application form, and submitting certified copies of identity documents or passports. Additionally, applicants must meet specific criteria for expungement eligibility. These criteria include a minimum of ten years since the date of conviction, no imprisonment without the option of a fine during those ten years, and specific types of sentences outlined in the Act.
The expungement process typically takes 75 days to complete once the complete application is received. During this process, applicants can track their application status online. If the application is refused, the applicant will be informed of the decision and the reasons for it. However, if the application is approved, the head of the Criminal Record Centre will confirm in writing that the conviction(s) and sentence(s) have been expunged within 21 working days of receiving the certificate of expungement.
It is important to note that expungement allows individuals to move forward without their criminal record obstructing opportunities. However, the process of clearing one's name and navigating the system can sometimes be challenging. Additionally, certain minor offences and juvenile criminal histories may be automatically expunged as a person enters adulthood.
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Misdemeanours and juvenile records
In South Africa, the Child Justice Act, which came into operation on 1 April 2010, created a separate criminal justice system for children. This act changed the way that children who have committed crimes are dealt with. It ensures that child justice matters are managed in a rights-based manner and encourages the rehabilitation of young offenders. The Child Justice Act provides for two levels of diversion. Diversion aims to give child offenders a second chance by preventing them from having a criminal record and addressing the root causes of their criminal behaviour through appropriate programmes or interventions.
The minimum age of criminal responsibility varies across different pieces of legislation in South Africa. The Children's Rights Act 2003 defines a child as under 18 and states that a child in conflict with the law must be dealt with under the Act. The Child Rights Act also states that no child under the age of 14 can be held criminally responsible for their actions. The Children and Young Persons Law defines a child as under 14 and a young person as aged 14-16. It sets the minimum age of criminal responsibility at seven but provides special measures for persons under 16 in conflict with the law. The Criminal Procedure Act 1945 defines a child as under 14, a young person as aged 14-16, a juvenile offender as under 17, and an adult as 17 and over.
Some misdemeanours do not appear on criminal records in South Africa, and juvenile criminal histories may be expunged when the offender reaches adulthood. A Police Clearance Report (PCR) is available to people who require confirmation of their criminal status for the purpose of expungement of a criminal record. This report can be issued by any Local Criminal Record Centre (LCRC) and must be handed to the applicant in person.
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Online criminal record checks
Criminal record checks are an important part of background screenings for job applicants in South Africa. They are also used for other purposes, such as applying for a loan, credit, or entry into the country. While not all background checks include a criminal record screening, and not all criminal record screenings are part of a background check, they are often done in conjunction with each other.
Criminal record checks are a less variable process than background checks, which are user-determined and more comprehensive. They are a useful tool for employers, but they are not always a key indicator. However, when criminal histories are used as part of background checks, they make the process more effective and comprehensive.
In South Africa, background checks must be relevant to the job for which an applicant is applying. For example, a person with a criminal record for driving under the influence can be disqualified for a driver's position, but if they were seeking a job as a store clerk, this conviction would be irrelevant.
There are online portals available for criminal record checks in South Africa. HURU, for example, is a user-friendly online portal that provides easy access to criminal records and identity verifications. Lexis RefCheck is another service that offers criminal record checks, as well as credit, ID, and qualification checks.
To obtain a Police Clearance Certificate, which is primarily used for immigration and visas, applicants must provide a full set of fingerprints and a completed application form, along with proof of identity. This process is handled by the Criminal Record and Crime Scene Management in Pretoria.
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Frequently asked questions
A criminal record is a formal record of an individual's criminal history, including convictions and pending cases.
The South African Police Service (SAPS) maintains criminal records and provides access to this information.
You can obtain a SAPS Police Clearance Certificate or conduct an online criminal record check through authorised platforms like AFISwitch.
A PCC is a formal, certified document issued by the SAPS, which is valid for six months and recognised internationally. A criminal record check is a simplified, informal process that is valid for a longer duration and does not have the same level of formality or international recognition.
You will need to submit your fingerprints, personal details, and pay a fee at your nearest police station.
