Past arrests without conviction

S

SilverMane

New Member
Joined
Aug 7, 2018
Messages
7
Reaction score
0
Hi all

I was arrested about 6 years ago for the possession of a joint during a roadblock. I signed an admission of guilt that night, not really understanding that it would leave me with a criminal record. Long story short I challenged it, and the admission of guilt was set aside by a magistrate.

I had forgot about the incident until I recently started job searching. My current impression of my situation is that I don't have a criminal record - as it was expunged - but I do have an arrest record.

I was hoping someone could help me with the following questions?

  • Do arrest records (without convictions) show in background checks as done by employers?
  • Are employers legally allowed to ask about past arrests without convictions in South Africa?
  • Is it possible to have arrests expunged? How do I even check if I have an arrest record?

Thanks in advance
 
Last edited:
wombling said:
Yeah, because they all ask about sexual preference right?
Click to expand...
That is your argument..? It makes no sense..
No employer will ever ask about your sexual preference.. Unless it somehow pertains to your line of work..

A potential employer will most certainly be doing a background check and anything they find on that check would likely prompt concern before making an offer of employment to a candidate..

This is natural, since an employer would want to protect their company and employees from potential dangerous employees..

Disclaimer: All companies that have hired me have done background checks..

OP, I can't with certainty answer your question..
 
WAslayer said:
That is your argument..? It makes no sense..
No employer will ever ask about your sexual preference.. Unless it somehow pertains to your line of work..

A potential employer will most certainly be doing a background check and anything they find on that check would likely prompt concern before making an offer of employment to a candidate..

This is natural, since an employer would want to protect their company and employees from potential dangerous employees..

Disclaimer: All companies that have hired me have done background checks..

OP, I can't with certainty answer your question..
Click to expand...

My point is quite simple. An employer can only ask questions that are pertinent to your employment and to discern that you are not a criminal etc. They do not have "the right to ask anything" as Bond put it.
 
SilverMane said:
Hi all

I was arrested about 6 years ago for the possession of a joint during a roadblock. I signed an admission of guilt that night, not really understanding that it would leave me with a criminal record. Long story short I challenged it, and the admission of guilt was set aside by a magistrate.

I had forgot about the incident until I recently started job searching. My current impression of my situation is that I don't have a criminal record - as it was expunged - but I do have an arrest record.

I was hoping someone could help me with the following questions?

  • Do arrest records (without convictions) show in background checks as done by employers?
  • Are employers legally allowed to ask about past arrests without convictions in South Africa?
  • Is it possible to have arrests expunged? How do I even check if I have an arrest record?

Thanks in advance
Click to expand...

I can't recall now, but it will typically show a yes/no flag for criminal record.
Employers will often ask if you've been arrested before, and/or convicted of an offence in or outside of South Africa.
Arrests, afaik no, but convictions yes.
 
If your fingerprints are captured to search for a criminal conviction, it will be flagged.

It takes 6-8 weeks for the result to reflect (with your case the conviction was set aside). In light of this info, its probably be honest upfront.
 
According to this (7 year old) article:
An employer may not ask about arrests or detentions that did not result in a conviction. An employer may not ask about pending cases, as South African law says a person is innocent, until proven guilty.
Click to expand...
https://www.skillsportal.co.za/content/dispelling-myths-around-criminal-record-checking

To answer your other questions, you need to apply to the police for a Police Clearance
https://www.saps.gov.za/services/applying_clearence_certificate.php

https://www.citisprint.co.za/police-clearances/
 
Last edited:
I'm pretty sure only open cases and past convictions will show up on your police record. I can't find anything on Google, but what I can find only mentions convictions. Past arrests without convictions on closed cases jeopardising employment opportunities would be unconstitutional in a couple of ways. The right to work and presumption of innocence spring to mind. I'm pretty sure it would have been challenged numerous times.
 
This reminds me I too was once arrested, settled outside of court. Years ago my employer informed me that there was still a open case under my name, have since forgotten about it.

If you find out how to check, please do share.
 
Hi all

So I had a quick chat with a lawyer. The impression he gave me is that there is probably nothing preventing an employer from asking. However, using the information of a previous arrest (without conviction) to deny an employment position, a promotion or anything else would be discriminatory, and an unfair labor practice due to "innocent until proven guilty".
 
I was in the same boat as OP.

When your prospective employer does a background check, it will show up on the system.

Just make sure you have a letter from your lawyer or Magistrate stating there is no record and that the admission of guilt was reversed.

Iv never had a problem in landing a position due to this, worked for major banks and casinos, all senior positions. So you should be fine.
 
You must log in or register to reply here.
Back
Top
Sign up to the MyBroadband newsletter
X