In a country with a high rate of crime like ours, the issue of a criminal record is pertinent and requires the necessary attention.
With Covid-19 forcing constant law amendments, it is even more necessary for people to be aware of the ramifications of criminal records as they can easily and unknowingly find themselves on the wrong side of the law.
Having a criminal record can have severe and far-reaching long-term implications and, as such, can complicate a person’s life in various ways.
While most people have a vague idea of the hindrances that may be caused by having a criminal record, few people distinctly understand the various implications intends to clarify.
EFFECTS OF A RECORD
Career-limitations – many employers are hesitant to employ people who have previously been convicted of a criminal offence. While some may want to scrutinise the context, nature and the extent of the offence, most will bypass a person the moment they realise she/he has a criminal record.
The law may also specifically preclude people from holding a public office, for example, Section 47(1)(e) of the Constitution imposes restrictions on Members of Parliament. This provisions includes “anyone convicted of an offence and sentenced to more than 12 months imprisonment without the option of a fine, either in the Republic, or outside the Republic if the conduct constituting the offence would have been an offence in the Republic, but no one may be regarded as having been sentenced until an appeal against the conviction or sentence has been determined, or until the time for an appeal has expired.
“A disqualification ends five years after the sentence has been completed.”
Potential travel limitations – various states have control over who they allow in their countries and, some do not allow people with criminal records.
WHEN DO YOU GET A CRIMINAL RECORD?
First, one can get a criminal record by pleading guilty to the offence with which she/he is charged. Secondly, when, after having pleaded not guilty, but subsequently found to be guilty. Thirdly, when you pay an admission of guilt fine. When you are found guilty, there is little to nothing that you, as an accused, can do with getting a criminal record. The position is slightly different with an instance where you immediately plead guilty, or you immediately pay an admission of guilt fine. While these options may seem like “an easy way out”, they do attract a criminal record which will have severe ramifications. As such, it is critical that you seek proper legal advice before you plead guilty or pay an admission of guilt fine.
EXPUNGEMENT OF A CRIMINAL RECORD
The law, specifically the Criminal Procedure Amendment Act, does provide for the expungement of a criminal record under certain instances and conditions. The Criminal Procedure Act delineates the application process for the expungement of criminal records and who is eligible. The act provides that a person may only apply to have their criminal record cleared if 10 years have lapsed after the date of the conviction for the offence, and if the person has not been convicted of any other offence and sentenced to a period of imprisonment without the option of a fine during those 10 years.
The Star