Expunging past criminal records helps those who seek jobs

While many people are haunted by their conviction for a minor offence committed in the past often during adolescence or young adulthood - the expungement of a criminal record process can be utilised.

'There is a process by which the criminal record of a convicted offender can be expunged from the database of the Criminal Record Centre of the South African Police Service,' says Richards Bay SAPS Communications Officer, Captain Debbie Ferreira.

'Expungement is the legal removal of an offence from the criminal record of an individual.

'The process can take up to six months but the expungement is that the conviction - a minimum of 10 years ago - falls away, being deemed in effect to have never occurred.

'One might never have thought that being caught drunk in public, or being convicted of a minor theft could compromise their employability or travelling, but it does.

'That one insane mistake you made all those years ago can have detrimental consequences for your future.

'During our awareness talks at schools, tertiary and community events, we always encourage the youth as well as community members to refrain from engaging in criminal activities and even those they may deem as 'petty thefts', as they have long-lasting effects and consequences,' said Ferreira.

Criteria to potentially qualify for a clearance:

There should be a 10-year interval between the date of the conviction of your offence and the application.

You received a sentence where you were either imprisoned from Friday 6pm to Sunday 6pm, or a community-based sentence.

You have not been sentenced and jailed for any other offence during those 10 years, without the option of a fine.

You were sentenced to the following sentence:

• Minor crimes – for which there were minor charges.

• Politically motivated crimes; these are crimes where there is 'political or ideological intention or motivation to cause harm'. • Your conviction was based on your race.

You were convicted of an offence which would democratically be considered as minor or no offence.

You will not quality for clearance if the following occurs:

• You were condemned of a sexual transgression against a child or a mentally-challenged person. • Your name appears the National Register for Sex Offenders or the National Child Protection Register, unless it has been removed from the National Register.

• Serious cases - incarceration without the option of a fine.

• There are several organisations you could contact to apply for the expungement of a criminal record for you, at a fee. Alternatively, an individual can do their own application and go directly to the Department of Justice and Constitutional Development.

Procedure to follow to obtain an expungement of criminal record:

A Police Clearance Certificate showing an interval of 10 years between the conviction(s) and sentence(s) must be obtained from the Criminal Record Centre of the South African Police Service; this is to confirm the details and dates of the offence.

Complete the application for expungement of a criminal record and attach all necessary documentation.

The clearance certificate must also be attached to the application. The completed application form and attached documentation must be posted or delivered by hand to the Director-General: Justice and Constitutional Development:

Postal Address:

Private Bag X 81 Pretoria 0001 Street Address: Momentum Centre, 329 Pretorius Street (corner Pretorius & Prinsloo streets) Pretoria 0001.