Do I have a criminal record if the docket is missing

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Tman23

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I was arrested, was released on bail, went to court, pleaded not guilty, prosecutor said the docket is missing, judge said I can go home.
Do I have a criminal record or any other record? Will employers pick anything up if they looked.
 
You only get a criminal record if you are convicted of a crime. It doesn't sound like you've been convicted of anything, so you won't have a criminal record.
 
deweyzeph said:
You only get a criminal record if you are convicted of a crime. It doesn't sound like you've been convicted of anything, so you won't have a criminal record.
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This but what did he do?
 
Tman23 said:
I was arrested, was released on bail, went to court, pleaded not guilty, prosecutor said the docket is missing, judge said I can go home.
Do I have a criminal record or any other record? Will employers pick anything up if they looked.
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No record yet, so whatever it is you want to apply for, do so now before they find the docket.
 
Only time you have a criminal record is when you are foung guilty in court or you Admit to the crime.
If your fingerprints where taken when you were arrested and entered into SAPS data, that record will show that at one stage you were arrested for a certain crime. Even if you were found not guilty, that record will be there forever(if you don't apply to have it removed).
So when a new employer asks for your security clearance, they will know that you were arrested before.
 
stiller26 said:
Only time you have a criminal record is when you are foung guilty in court or you Admit to the crime.
If your fingerprints where taken when you were arrested and entered into SAPS data, that record will show that at one stage you were arrested for a certain crime. Even if you were found not guilty, that record will be there forever(if you don't apply to have it removed).
So when a new employer asks for your security clearance, they will know that you were arrested before.
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^This. If your fingerprings were taken you must apply for removal.
 
Do you automatically have a criminal record if a case is opened against you

My best friend had a fraud case opened up against her. The detective asked her to write a statement and informed the case would be given to the public prosecutor. It has been 7 months with no word. Is it possible the case was thrown out and if not, does she now have a criminal record?
 
MissLee said:
My best friend had a fraud case opened up against her. The detective asked her to write a statement and informed the case would be given to the public prosecutor. It has been 7 months with no word. Is it possible the case was thrown out and if not, does she now have a criminal record?
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You get a criminal record only when you are found guilty in court or you admit guilt to that crime.
It’s possible that the public prosecutor decided not to prosecute her due to insufficient evidence.
The sure way to know what happened with the case of fraud is to contact the investigating officer and enquire about the case.
 
MissLee said:
My best friend had a fraud case opened up against her. The detective asked her to write a statement and informed the case would be given to the public prosecutor. It has been 7 months with no word. Is it possible the case was thrown out and if not, does she now have a criminal record?
Click to expand...

Agreed with the post above. You will only get a criminal record if you are convicted in a court of law. Not before that. However, the police may enter your details as a 'suspect' on their CAS system. Some companies, or private investigators, have connections in the police who can lookup this information for them. But, still, you do not have a criminal record.

Just remember, a fraud investigation could take months, if not years to complete. The police will conduct their investigation, get all affidavits, subpoena financial institutions, etc. Once they feel the investigation is completed, they will send the case docket to a prosecutor at the NPA for a decision. If the prosecutor feels more investigations needs to be done, they will return the docket to the investigating officer with instructions on what is needed. The investigator will then complete the instructions and send it back to the prosecutor who will look at the new evidence. This docket could be going back and forth for some time before a decision is made.

Contact the investigating officer and ask him for some progress report on the matter. If the case docket did go missing, it does not mean the case is gone. It only means the whole process will start afresh again.
 
Thank you both for your responses. She contacted the Detective on the case and he informed her that the public prosecutor sent the file back and informed handwriting experts need to analyse the signatures to see if they were indeed forged. The detective also informed that he is No longer on the case and now works for the hawks and that there is a new detective on the case. She was not given a case number by the detective so how can she check if this case is still on going or has been closed?
 
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