How long till criminal record gets removed?

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syntax

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As the title explains, how long does it take for a minor offense to get removed from your record?

I was told at the station its something like 5 years if there are no further offenses? Alternatively, I could go to PTA and get a pardon and get it removed? Anyone know any hard facts on this?

The offense occurred when i was 19, very minor, the magistrate said if we plead to it, it will not appear on my record....however, this doesnt seem to be the case now...
 

marine1

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Never heard of a criminal conviction having a time frame, thought it stays with you for life.
Oh and if you plead guilty you have a conviction
 

syntax

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Never heard of a criminal conviction having a time frame, thought it stays with you for life.
Oh and if you plead guilty you have a conviction

IIRC, the plee revolved around me paying a fine, but because i was under a certain age, it would not stick as a criminal conviction/criminal record after 21 (i think..it was a while ago...)
strangely, all my criminal conviction scans (for agencies etc) have come back clean....last week another one was done which i think brought this up...
The cops at the station mentioned the time span to me and the fact i could ask for a pardon....trying to get my lawyer to look into it, but the sucker is taking his time
 

Valis

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I also had a criminal offense when I was 19. I pleaded guilty and got a suspended sentence. My lawyer explained to me that since I wasn't arrested and fingerprinted it wouldn't appear on my record. Well, I've gone through several security checks since then and none of them picked up that I had a criminal record. Seems my lawyer was right :p
 

Nimz

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I also had a criminal offense when I was 19. I pleaded guilty and got a suspended sentence. My lawyer explained to me that since I wasn't arrested and fingerprinted it wouldn't appear on my record. Well, I've gone through several security checks since then and none of them picked up that I had a criminal record. Seems my lawyer was right :p

Pays to have a good lawyer.....lol
 

Sherbang

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I think it's 10 years. I applied for german citizenship after 10 years and they did a criminal record check. I don't actually know if my conviction was still on record - they didn't say anything and I received my citizenship. My friend who applied for Australian citizenship after 8 years had to apply for a presidential pardon before they issued him with a clean record. Don't actually have the facts though!
 

blunomore

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The offense occurred when i was 19, very minor, the magistrate said if we plead to it, it will not appear on my record....however, this doesnt seem to be the case now...

So ... you had accomplices ! The plot thickens.

:D
 

syntax

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I also had a criminal offense when I was 19. I pleaded guilty and got a suspended sentence. My lawyer explained to me that since I wasn't arrested and fingerprinted it wouldn't appear on my record. Well, I've gone through several security checks since then and none of them picked up that I had a criminal record. Seems my lawyer was right :p

how did you have the offense without being finger printed? For them to have an offense or charge you they have to take finger prints...

I think it's 10 years. I applied for german citizenship after 10 years and they did a criminal record check. I don't actually know if my conviction was still on record - they didn't say anything and I received my citizenship. My friend who applied for Australian citizenship after 8 years had to apply for a presidential pardon before they issued him with a clean record. Don't actually have the facts though!

If its 10 years then i am 1 year off....and i might need a presidential pardon....any idea on how easy this is to do?? process? costs? i have since had zero offenses, got qualifications and doing fairly ok..
very strange though that all checks up to now have come back fine....

So ... you had accomplices ! The plot thickens.

:D

:) by we I meant me and my lawyer, unfortunately, it was just me....
 

solo7

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it stays with you for life, unless you where a minor I think... then you can apeal to have it removed.
 

syntax

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it stays with you for life, unless you where a minor I think... then you can apeal to have it removed.

Wrong, you can have the record expunged...you need to have no further offenses for 10 years, costs R2500...
exclusions are sex offenders
 

syntax

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It is 10 years and you have to apply for the expungement.

You can get the forms here http://www.justice.gov.za/forms/form_expungement.html

You can't expunge your record if you were sentenced to prison without an option of a fine or fined more than R20k or were convicted of a sexual offence against a child.

:) tks, just saw that link as well....
10 years is a problem though....1 year off, and the offense was ridiculously minor....i still find it strange that after 9 years of checks, it now comes up...
 

UnUnOctium

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OP, sounds like you're applying for a job which needs security clearance (probably CSIR, the b4st4rds). Are you not able to talk to the employer about what the offence is?
 

syntax

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OP, sounds like you're applying for a job which needs security clearance (probably CSIR, the b4st4rds). Are you not able to talk to the employer about what the offence is?

I work in IT security, so clearances/checks have been happening on me for years....its what i cant understand, why this has come up now when its almost 9 years down the line....
unless this check is more "thorough" ??? I somehow doubt it...

I will tell them if the check comes back with it, i had to get a police clearance form so they can then find out exactly what the problem is... the charge was reckless and negligent driving...hardly a crisis....
but some companies have a zero criminal record policy
 

UnUnOctium

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I work in IT security, so clearances/checks have been happening on me for years....its what i cant understand, why this has come up now when its almost 9 years down the line....
unless this check is more "thorough" ??? I somehow doubt it...

I will tell them if the check comes back with it, i had to get a police clearance form so they can then find out exactly what the problem is... the charge was reckless and negligent driving...hardly a crisis....
but some companies have a zero criminal record policy

Hmm, reckless and negligent driving, I know that in EU it's an automatic arrest and court date (usually when you exceed 220 km/h). If companies did have a zero criminal record policy then anyone who has ever been caught speeding will be ineligible for them. I think best thing you can do is talk to them about it, explain it, and see what they have to say.
 

ponder

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:) by we I meant me and my lawyer, unfortunately, it was just me....

I'll make sure not to associate with. You seem like the type that likes dragging others down with you :D
 

syntax

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Hmm, reckless and negligent driving, I know that in EU it's an automatic arrest and court date (usually when you exceed 220 km/h). If companies did have a zero criminal record policy then anyone who has ever been caught speeding will be ineligible for them. I think best thing you can do is talk to them about it, explain it, and see what they have to say.

It was not a speed limit thing...but the charge is reck and neg...will see how it goes...just got hold of my lawyer, he assured me that there would be no criminal charge as did the magistrate...dont trust em seems to be the theme...

I'll make sure not to associate with. You seem like the type that likes dragging others down with you :D

Lol, i may have phrased that poorly :)
 

marine1

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It was not a speed limit thing...but the charge is reck and neg...will see how it goes...just got hold of my lawyer, he assured me that there would be no criminal charge as did the magistrate...dont trust em seems to be the theme...



Lol, i may have phrased that poorly :)
"Reck and Neck" is a serious offence bud
 
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