Image of job applicant walking – criminal record checks in pre-employment screening
In June of 2013 Forbes published Background Checks On Job Candidates: Be Very Careful . The article highlighted lawsuits filed by US federal regulators who argue that employers who exclude all job applicants with criminal records may be guilty of racial discrimination.
Over the last few years local employers too have become more cautious about who they hire. The number of annual lie detector tests conducted each year as part of a pre-employment screenings have increased, as have background and criminal record checks. In South Africa not hiring an applicant is easier than getting rid of a troublesome employee. Yet that may change in the future.
Sources within the South African labour law arena state that a business may refuse applicants certain positions when background or criminal record checks reveal that the past conduct of those applicants are in conflict with the nature of those positions. However, unsuccessful applicants may still challenge those decisions at the CCMA, potentially costing employers thousands in administrative and legal fees.
In America 70% of employers conduct criminal record checks. This while one-third of Americans have some kind of criminal record. The incarceration ratio between African Americans and whites is 6:1 – arguably contributing to the ‘racial discrimination’ argument.
In South Africa things are not so straightforward. Discrimination isn’t limited to ethnicity alone, with cases of gender and physical ability discrimination often making headline news. The South African Constitution grants all South Africans the “…full and equal enjoyment of all rights and freedoms.” So at what point is it considered discrimination when you hire some and not others based on their pasts?
For employers it’s a double-edged sword, since they can be held liable for negligent hiring, should actions of an employee with a criminal record result in the harm of others.
What to do then?
When the best candidate for a position has a criminal record, should he or she be hired based on the time since conviction, or whether or not the nature of the crime for which the individual was convicted poses a threat to the workplace and those in it? Should he or she be hired at all, even when the crime has no relevance to the position or company? Anecdotal evidence suggests that 20% of South African job seekers have criminal records.
Luckily, however, the South African Police Service has indicated a reduction in crime in relation to population growth . A continued reduction in crime may ensure that there are enough job applicants to safeguard employers against a situation where they have to choose between a convicted applicant with the right credentials and experience, and record-free applicants less suited to the job.
Yet a reduction in crime depends on a reduction in contributing factors, like poverty. With the election looming, the question becomes one of the future: will the efforts to eradicate poverty and other contributing factors be successful enough to stem crime in a country that still has one of the highest crime rates in the world, or will employers find themselves in yet another employment quagmire in the very near future?
I think persons that was arrested in the past and was nt convicted cause they were innocent records should be deleted asap after the case is thrown out cause its unfair to have something on your name that u did not do
If you were not found guilty of an offence in SA you will not have a criminal record. The only records that exist on a person’s name are those which are still pending and those for which there were guilty verdicts.
Hi Amelia
My husband has been applying for jobs and 3 companies have picked up a juvenile offence, he has since applied for a clearance certificate and that shows no criminal record, we have no idea what to do as the checks and clearance cert are contradicting each other , please help
Good day Rebekah – when the prospective employees do a screening with fingerprints the “pending” cases are also revealed. If you do a Police Clearance only the guilty cases are revealed. if you want to make sure please contact info@csinvestigate.co.za – we will assist your husband to submit his fingerprints through the screening tool that all prospective employees are utilizing to see the outcome.
Hi my boyfriend has a first offense for drinking and driving and with all the qualifications he has his having a hard time finding a job. Is there a way to help him remove that from his records so he can find a job.
Thank you
Can I ask a question I have been attending a case as they say I am a suspect so I have applied for a job and they need my finger prints will it show that I have a criminal record or it will only show once I am proven guilty
Thando – if you do a criminal record check with fingerprints your result will be a “case awaiting trial”
Sorry to impose, but if you received a suspended sentence, no jail time and no Fingerprints was taken in court, will i still have a criminal record?
Dear Mr Dlamini – please request a copy of the front of the SAPS Docket from the station where you were arrested. Once you have that – please mail it to me at info@csinvestigate.co.za
Hello the company is asking me to pay the amount of R350 police clearance and ITC should I pay this?
There is some costs involved when doing these checks – i am not sure which company you are referring to
Good day… Does a withdrawn case show during criminal check if yes how can I remove it?
Good day – no a withdrawn case does not appear when you submit fingerprints for a criminal record check.
Hi Amelia,
I trust you are well.
If you do a criminal check using ID does awaiting trial case appears
Good day – awaiting trials/pending cases does appear when you do a criminal record check yes.
Ronza – if the case was withdrawn the status should be updated in order for the employer not to see the it. It is possible that the system was not updated (various reasons) therefore the subject needs to get proof from the court/SAPS that his case was withdrawn and submit that to us to assist him.
Hi there 8 years the police took my finger prints n the case got dismissed in court.do I have a criminal record?
Good day – the only way that I am able to answer that question with certainty is to submit your fingerprints electronically – please contact info@csinvestigate.co.za to make arrangements.
Hi Amelia, I also have the same problem here my case has been withdrawn 5years ago ,but it’s still appearing that I had a case.I even tried to do police clearance but still.I have a proof from police station, I’ll scan it and email to you please help me.
Hello I was involved in a fight and got arrested they took my finger prints but the charges were dropped do I have a criminal record?
Good day Mat. You should not have a criminal record if the charges were dropped – but it is always a good idea to make sure. We can submit your fingerprints electronically to the SAPS and have an answer for you within 48 hours. It sometimes happens that the systems are not updated – and if that is the case with you – we can assist to ensure that the system is updated with the status of the charges. please send a mail to info@csinvestigate.co.za if you want to make arrangements for us to submit your fingerprints.
Hi
Sorry to respond to a discussion that happened months ago. I had a case against me n was found not guiltty bt there is a criminal record against my name. When I questioned it at the police station they told me as long as your fingerprints were taken, there would be a record. You then need to apply for criminal record clearance. I did apply for that but the record is still there. Now I’ve been told to go to a local police station but in order to help, they needed to know where the case file with my fingerprints is – it is not at the original police station and the investigating officer left. What steps can I take to clear this record?
What happens if you where arrested but the judge said you would not get a criminal record due to the fact it was your first offence and you were a student, but you still found you having a criminal record
Good day Lolo – if you were found guilty of a crime – irrespective if it is your first offence – you will have a criminal record. You can apply for expungement in 10 years’ time. Sorry to be the bearer of bad news…
Hi Amelia in 2014 I was arrested for rape I spent one night in cell in the morning they say am going to court, while I was waiting there to see a judge the police officer came to me and said the prosecutor said I must go home they will come to me if they need me. They did not give a date and I haven’t had anything from them its been 2years now. I cant find a job because of this criminal record. Please help thank you in advance
Hi Amelia. I hope you are well. I was arrested for theft, taken to police and fingerprint taken. In court the case was dismissed or withdrawn. Will this still appear on my criminal record?
Lance – it should not appear – but the possibility does exist that the information was not updated and that it might still reflect. We can assist – but we would first need to determine what your status is. Contact info@csinvestigate.co.za to make an appointment for your fingerprints to be submitted.
Hi Amelia.
I paid admission of guilt in 2012 for possession of marijuana.
Ive just got denied a job because of my record. They asked me to provide them with a criminal clearance certificate.
When applying and receiving the certifcate, will the certificate state that i am a criminal?
Im very confused
Hello mam if I was only charged with drunk driving but my case has not yet went to court meaning a pending case will I not be employed in south Africa
That should not have an influence – but sadly it does – it is the employers decision to make
So if my case was withdrawn for theft under $5000. and it was a minor offense will I be able to go to the US without a problem?
If you were not found guilty for a criminal offence – then your Police Clearance (the certificate that is needed) will be clear. I hope this helps – let me know if we can assist in the application for Police Clearance.
But some cases are withdrawn but still appear as pending on the police system, why?
Khanya – sometimes the systems are not updated – and we assist clients in that regard
Hi there… Please assist me with regards to your answer given above as I was just called into HR for an attempted murder case in 2015. My stepfather was horrible very abusive and tried to kill me and my kids and when I defended myself he laid this charge. However he withdrew the case. Why can people still see this if my stepfather then withdrew it?
Good day Christa
there is a possibility that your case still shows “case awaiting trial” – if the HR gave you documents – please forward that to me: info@csinvestigate.co.za
if they did not give you documents we can submit a screening on your behalf – in order for you to see what the employer see.
In 2014 I was arrested for copyright infringement case and had my fingerprints taken. My laptop and cellphone were confiscated by the police.
The case was then diverted to an organization called “NICRO” whereby I had to attend counselling for a certain period as instructed by the judge.
I attended and completed the counselling but I have been denied a job due to having a criminal record under my name.
All my personal belongings which included my cell phone and laptop were returned by the police after attending NICRO for a few weeks.
I have then been recently denied a job by an employment agency, their reason was that there was a record under my name.
This issue has really depressed and discouraged me. I recently graduated from University and I fear my name will never be cleared and I’ll have this record hanging over my name.
I thought this NICRO organization was supposed to protect me from having a record. Is there any way possible that you can help with this matter?
Good day Zee – ID Theft is on the rise and there is a possibility that someone was arrested and they used your id number as reference. There is also a possibility that the correct id was captured wrongfully. The SAPS encourages to use fingerprints as a reference point when doing a criminal record check.
So will a case I was not guilty of be picked up during a background check by an employer?
I would like to ask what happens when a lot of people are involved on a crime and one is withdrawn from the case and the rest are still doing bail application will it show on the background check of the person that has been withdrawn from the case as a pending case?
Hi Amelia,
I was arrested in 2016, and charges against me were withdrawn on 11 March 2019, so I’m told. However, after a job interview yesterday, I got a call today from recruitment that I have a pending trial and they can’t employ me.
I need further assistance with clearing my name because I can’t find employment and it’s immensely affecting me. Please help.
Mazwi – send all official documents that you have that proofs that the case was withdrawn (copy of front of docket or court documentation) to info@csinvestigate.co.za – maybe I can assist.
Amelia I’ve applied for my police clearance, I was not convicted the case was thrown out I didn’t even appear in court it was solved between the lawyers and the prosecutor before I had to appear due to false information, it still shows on the police system but shows case withdrawn, will my police clearance be clean?
Charleen – yes – your Police Clearance will be clean if you were not convicted of an offence. (Found Guilty or paid an admission of guilt)
Sorry Amelia with all due respect I was implicated into driving under the influence almost 7 years ago psod the fine went to court when I was suppose to guess what charge was changed to under the influence of substances possibly norcotics ….another case many years later in a fraud scheme using of someone bank cards case was withdrawn due to insufficient evidence I’m a educated health consultant I will apply. For post inftont of you where u can even see I’m more than capable do you think I got hired. No …why cause I stood up for the rights of people not working with contracts and advised them to get there affairs in order…..that’s why ….I love the truth but I’m broke
Good day, I have a similar case I was arrested for false accusations, case was thrown out and was told it’s finalized as I’m innocent however I am told to come to the police station with R114 for a police clearance certificate I was never in court but have a criminal record, I’m unemployed and have been struggling for 3 months, due to this please assist on what I should do as by the police station they say case was finilized
Nicolene
Send me the rlevant official documents that you have in order to determine what the problem is to: info@csinvestigate.co.za
i think we should probably submit your fingerprints in order to receive a detailed report. You can also send me a mail in order to determine where you are to send you to the nearest capturing center.
The case was withdrawn so can i clear my criminal record?
Message: i was arrested years ago but I’m still in school , an the polistatiion they took my fingerprints but at the court my chargers were drop an I was told by the court that I do not have record , so my question is do you think my fingerprints prints are cleared . or they exist on polistatiion
The best advice I can give you is to submit your fingerprints to the SAPS to see what is going on there before you start looking for a job. We can assist you and the results will be available within 48 hours. You can send a mail to info@csinvestigate.co.za to make an appointment or call the office 0861274911 to see how we can assist.
Hi Amelia in 2015 I was arrested for rape I spent one night in cell in the morning they say am going to court, while I was waiting there to see a judge the police officer came to me and said the prosecutor said I must go home they will come to me if they need me. They did not give a date and I haven’t had anything from them its been 2years now. I cant find a job because of this criminal record. Please help thank you in advance
Pepe – the only way to make 100% sure if your record is updated is to submit fingerprints electronically. You can contact us for an appointment if you are in Pretoria – otherwise we can refer you to a service provider near you. 0861274911
I was I arrested but not found guilty, am I going to have a problem when am applying for job?
if you were found not guilty you should not have a problem- i do however come across alot of cases where the “pending” case was not rectified on the system once the case was withdrawn/not guilty – the only way to make sure is to submit your fingerprints electronically – that is the only way to determine the status and rectify if necessary. contact frans@csinvestigate.co.za for an appointment and costs
Hi Amelia,
I have been arrested for theft in 2016 Jan, the case was withdrawn on condition i complete 60 hours of community service for the nicro which I did not do, my social worker did not get in contact with me so I assumed every thing was fine. For my last interview, they did my crim checks, and picked up I have a criminal record. So I want to know considering I didn’t do the community service do I have a warrant of arrest on my name because the case was withdrawn.
Good day
i would suggest you contact our office: frans@csinvestigate.co.za – we will then take a set of fingerprints electronically to enable us to see what the status of the case is. there is a possibility that the case is still “pending” and then we will need to update the status.
Hi Amelia
What does this service cost?
Good day – if you already have a police clearance – R1550 if you do not have one and we need to apply for one it is R1950
Good day Shanon – the only way to confirm the status is to submit fingerprints- please contact frans@csinvestigate.co.za for an appointment.
This really hurts cause sometimes people get forced to do the crime and the worst part is waiting ten years to clear your name. The most painful part is that you are a post graduate in whatever field of study u end up working for employers that will cheat you just because you have a criminal record. As for government jobs where people with criminal records should be hired, you know why? I’ll tell you why, its because it is the very same people who end up going back to crime and crime doesn’t really decrease its just that same choose not to do crime. I’m one off those people whom are suffering because of wrong decisions I made when i was in university now I have a criminal record but I do believe that people do get second chance I just haven’t got mine why is it that the government don’t believe in second chances? I mean the department of correctional services should be hiring criminal thank you for the platform to talk
When an employer does a criminal record check he is furnished with the details of that record. He can then still decide to give you a second chance.
Can ask question??
What questions do you have?
i would like to know i had a DUI pending case which was worthdran i was under the legal limit what i want to know is if they can hold that case against me i checked on the systerm it pick up that i had a DUI but it also say the case was worthdrawn
Hi Amelia,my name is Benjamin, my sister was found guilty of fraud in 2004,she confessed, and was fired,she recently qualified as a nurse and signed a contract with western Cape government only to find out thats the crime is still against here name,now she was informed to write a letter to the board,can you please assist
Benjamin – she must apply for an expungement. We can assist with that – please contact me with all the details: info@csinvestigate.co.za
Hi Amelia,
A case for allegations of theft was opened against I was arrested and released on bail and i am still going to court, i have been applying for jobs and getting call backs but soon as they do checks they dont get back to me. does the record show even though i haven’t been found guilty
Unfortunately my experience has been that no explanation or details are given when an employer checks. If you were arrested for theft and the case was withdrawn, for example, the record will show ‘THEFT’ only, no other details. Remember most employers use systems like Lexus-Nexus, AMEI and these don’t show further details. Once employers see ‘THEFT’, they don’t bother to get more details from a candidate or SAPS.
Hi,i was arrested for shoplifting, i paid fine after court dey dd not take my finger print for gvng me a criminal record so i was wondering could dey use de 1 dey took in my docket
I gues the reason for crime need to be considered as well especially for fraud and other minor crimes. That ten years waiting period is just not right or onn at all. People deserve to be forgiven and understood.
An expungement option is available for minor crimes that were committed for this reason specifically.
Please visit our Criminal Record Expungement Page to determine if you will be eligible for expungement. When an expungement is approved the record on your name will be cleared completely.
Phumla – I am not an expert in HR but I am sure that this is against the Labour law and the constitution…maybe you should get professional assistance regarding this.
Good afternoon, Amelia. I recently was old that there was a criminal complaint against me back in 2003. It seems unlikely, but is there any way that I can check to see if there is anything to this?
Good day Steve – please arrange with our office to submit your fingerprints electronically in order to assist you. info@csinvestigate.co.za or 0861274911
What about drug addicts who committed crime to fuel their addiction. They are clean now, but struggle to find employment due to their criminal record. I really think that the justice department should look at this.
I can’t get a job for 2 fines I paid 15 years ago
I would love to know if someone lays charges against you than on court day decides to withdraw charges what happens to the fingerprints taken? secondly i have done a saps clearance certificate and it says no convictions under my name in a nutshell do employers during background check can see my arrest record?
If the charges against you are withdrawn then you do not have a criminal record and your fingerprints are not stored on the criminal record database. When you do a fingerprint criminal record check and you do not have a pending record or a criminal record – then the report received by the employer would be clear, just like your SAPS Clearance Certificate. However when you do apply for a job – I would suggest that you are honest when answering – if the question “have you ever been arrested before” is asked. If they ask you if you do have a criminal record and the case was withdrawn then you would be honest when answering “no”
Hi Amelia,
I was wrongfully arrested 7 months ago and the case was withdrawn. My finger prints were taken by SAPS and i recently contacted the criminal records centre to check if they have any kind of record under my name because i was a bit uneasy about the fingerprint issue. They confirmed that I’m in the clear nd have no record of arrest. However, my fiancé, who was also wrongfully arrested with me on that day, has a record relating to this case. The MIE checks by his new employer and the criminal record centre confirmed this.
We went to the investigating officer for this case and i explained the inconsistencies and she said that on their database at this particular police station they still have a record for both of us. I explained that well the criminal record centre has no record of me. She said the case has been closed and was withdrawn but we both need clearance certificates. Please assist because I’m very confused. I find it very unfair that the state can just withdraw cases after realising they were wrong and our names are forever tarnished and we must deal with all mess that they created
Lethabo – please forward the Mie result that you have received to info@csinvestigate.co.za .
Hi my son was arrested but not convicted actually he didn’t even go to court BT when he did finger print screening it shows that he has a criminal record
Apologies for replying to such an old comment.
But I have to say that what I’ve Learned in the last two years is that is profoundly naive to think for a second that being upfront/transparent/honest will ever be seen as a reason not to just skip your job application.
Wrongly arrested – denied access to the docket for 4 months. Then only able to see two witness statements giving the exact same description of a vehicle (nothing at all like mine and even with another provinces veh reg number) – Case then withdrawn.
Unemployed ever since.
Or even if you can absolutely prove two fraudulent accounts had been opened on your name, the matter escalated to the Bank, Credit bureau, Credit Ombudman and even the National Credit Regulator.
No one cares.. and being amongst the top 10% of most qualified specialists in your field means nothing. Years wasted.
i wanna know if employers check my criminal background they check my whole record or they check if i have been convicted in da past 10 years
Mr Khumalo
Thank you for your question…Potential employers check your history more than ten years ago as well. If you however you do have a criminal record and it is older than ten years there is a possibility that it can be expunged. Please take a look at expungements under services on our website to determine if you are eligible.
Amelia
Your Message :hi I found guilty in court ishoplift acalcutor than I pay fine I just want to know that ihave a criminal record or idont thanks
If you were found guilty and you paid a fine I would gather that you do have a criminal record recorded on your name. Please take a look at our expungement service – if you qualify we can be of assistance.
Good day,
i just want to find out more about this background check, i was arrested 2 years ago for driving under the influence of alcohol, but unfortunately, i had a beer on before my arrest, anyway, they took me to the police station, capture my information including my fingerprints etc, i was bailed out but my lawyer told me that i had to go to court, and i had to wait for the police to contact me (trial ) etc. but i just want to know, if i have a criminal record ? and i have been applying for jobs through agencies and my fingerprints are also taken through the process and another question is , can i still get a job with a such record on me?
Dear Yan – I will only be able to assist you when i have all the information available. I would suggest that you contact our office to do a fingerprint criminal record – then I will be able to assist you with a better answer.
I have been arrested for theft of an item. I am currently out on bail and the case is pending. Will a fingerprint or criminal check show up on any records or incident?
Dear Niresh – Yes I am afraid that a “pending” record will be made known as a Case awaiting trial.
Niresh – yes i am afraid a fingerprint criminal record check will reveal that you have a case awaiting trial
Hi, My case was withdrawn and I even got a letter from SAPS stating it was withdrawn and it shows on records as withdrawn, yet it still appears in criminal checks???
Justin – I would suggest you submit your fingerprints for criminal record check – if your record was withdrawn you should receive a clear report.
Your Message :hi I was arrested and my case was withdrawn my question is I wanna join saps. So on the application form I saw the question that says have you ever been arrested? And I don’t know if I say yes my application will be rejected or if I say no then after they found out that I have been arrested also they gonna reject my application. So what should I do when I meet this kind of a question when applying for a job. Thanks
Dear Jim
the best answer to give here is Yes – and give them a full explanation on what happened. the more information you give to a prospective employer that is truthful the more it says about you as a prospective employee. I cannot guarantee – but what I can say is that if you were arrested and were found guilty of an offence – they will pick it up. If however you were found not guilty – you do not have a criminal record …If the question is: Do you have a criminal record? you can answer NO if that is the truth.
Hi! I was wrongly arrested my case was withdrawn and my question is I want to council my arrested record on the SAPS database record because when I go to my nearest police station to check it on the system it says case withdrawn so I want council the whole information. Please help
Well i was arrested in 2014 and my case was withdrawn, but my fingerprints were taken, so i wanna know if they are stored on a criminal record database or not, and if they are what should i do to clear my name..
Kim – if the case was withdrawn then your fingerprints will no longer be on the system.
Hi I have been arrested is feb 2014, spend the weekend in jail, went to court on Monday, did not even see the judge, my lawyer came and tell me I can go home, as they do not have enough evidence, but when I am applying for jobs now it shows pending charges, what does this mean and what is going to happen
Charmain – I would advice you contact your lawyer to correct this situation. If the case was withdrawn he should be able to supply you with documentation that you can submit to rectify information “pending” on the system.
Your Message :hi i ws wit my cousin n we orders some chips worth R10 n we wer buyin alot of grocery n we frgt to pay da chips dey caught us bt we nva went to court as we wel held in da waitn cell fr abt 7 hours in da mrng n dey tuk our fingerprints ds dt mean we hv a criminal record n besides dt my cousin ws under 18
Lesley – the only way to know is to submit your fingerprints for a check
And the record came back yes i was arrested.The employer decided not to employ me based on the fact that i did not mention it in the interview.I was never asked either in the interview nor on the application.Is it an obligation to report arrests NOTresulting in a conviction.Spending two days with 25 criminals over a weekend in a cell waiting for bailhearing is an experience not to be reminded of everytime.What happened to not guilty until proven guilty.According to Janine Nieuwoudt(HR and Labour Law expert) only convictions are relevant.If there is no conviction you the employer must treat it as if it never happened.No fingerprints were taken for the credit check how did they get this information.If i apply for expungement will the arrest record be totally deleted or will it show up if i go to the police station and ask them to check for me.I think that this criminal check was not done through THE SAPS criminal record centre(crc) as no fingerprints were taken for the check.With this in mind does my ARREST record show on CRC .
JF – thank you for your email – your situation is a bit complex to answer here – I agree if you were not found guilty of an offence it should not have a negative impact on your job application. If however you did have a pending case against you and you did not inform the employer it could create a trust issue.
my fine was 300,and they take my fingerprints it means I have criminal records
Winnie – if you paid a fine – then you admitted guilt – the result will be a criminal record on your name. I am sorry to be the bearer of bad news.
I mean I was arrested when I was 13 I think 18 or 19 years ago for house breaking I never attended the case, they took me fingerprints. Do I have a criminal records or is it still pending?
Lungi – the only way to determine that is to submit your fingerprints for a criminal record check. You can send a mail to info@csinvestigate.co.za to make such arrangements.
My case was withdrawn but when I take fingerprint show as awaiting in trial why it hates me very much
Hi! I was a student constable and we were arrested for bribe 5 years ago and that case I was not found not guilty at court, and 3 years back I there was a case against me of assault also that case I was found not guilty. Now I applied the job passed interview and medical, now they r doing criminal background, my question is what are they looking for or is any possibility that the fingerprint will say I have criminal record? I’m stressed I don’t want to loose this job
Sizza – if you were found not guilty your criminal record will be clear. They only have information on Guilty and Pending cases
Hi Amelia,
If a person has a pending case awaiting trial, does that mean they cannot get a job at a Bank? The trial is for fraud.
Trevor – difficult question to answer – but I do know that the banks do various Fraud checks
I was falsely accused- my ex friend’s boyfriend didnt want to.reveal.the ex friend’s name and said i was his girlfriend and the police took me in for questioning, told.them.everything but was still charged because when we went to go look for my friemd she ran away so i was charged.on court appearance the case was withdrawn because the lady that laid the case withdrawn it. so.when the checks are done it does appear against my name its an assault charge and it was in 2011 in this case as it was withdrawn with clearance proving that it was withdrawn but appearimg when applying for jobs and giving me.problems. wht do.i do? do.i say yes i have it even though i.didnt.even go inside the court house because she withdrawn the charges against my.name the day we were meant to .appear.
Natalie – the only cases that the SAPS refers to are Guilty or Pending cases. If you want to you can send all relevant documentation (proof of withdrawal) to info@csinvestigate.co.za and we can have a look at it. Please note that we will need to submit your fingerprints to determine if you indeed have a criminal record first.
Good day Thapelo – If your record was expunged and the normal procedures is followed in doing a pre-employment screening check your record should be clear. “In the common law legal system, an expungement proceeding is a type of lawsuit in which a first time offender of a prior criminal conviction seeks that the records of that earlier process be sealed, making the records unavailable through the SAPS systems” it does not however mean that all the information is deleted from the SAPS system – it is just not available to access by screening companies like us, when doing criminal record checks.
I was arrested for common assault and case withdrawn so I want to know if my name will still appear on SAPS database after the case was withdrawn or if everything has been brushed off. I applied for Police clearance certificate which came with ‘”no criminal record has been recorded”. Does it mean they didn’t find my name or ID number on their database or what?
Reuben – the SAPS use your fingerprints when you apply for a Police Clearance Certificate. If the result is “no criminal record has been recorded” it means that you do not have a criminal record. I hope this helps!
Hi I have been for finger prints scan got my results from afiswitch so my saps 69 report shows a pending case from 2013 which was withdrawn but on results it shows still pending now I cannot work. Please tell me what to do with my saps 69 results to get that information corrected because that case has been thrown out of court. So why is it still pending?
Lorenzo – you would need to get official proof that the case was withdrawn. Either in the form of the copy of the front of the SAPS docket stating that the case was withdrawn or an official document from the court where your case was heard. Contact info@csinvestigate.co.za for further steps to update the system with the correct information.
Hi I slept with my younger cousin 14 years old with consent last year december and went on trial for six months. The whole situation was a family beef to hurt my parents as my aunt that looks after her doesn’t get along with them so was caught in the middle, my aunt found it out because my cousin had abdominal pains and corned her with questions on what happened and she confessed to have slept with me that’s were she went to open a case against me. Spent christmas and year in jail and was out on bail and went back to study as I was doing my final year at varsity ,against all odds and stress of the case I managed to pass of which will be graduating this year, some how the prosecutors and magistrate withdrew the case against me and gave me my bail money back and referred us to family social workers to resolve the differences but we never sat down nor talked ever since with aunt and cousin. So was asking with such incident could I still be having charges and criminal record at my name? I fear to apply because my charges were a serious one of having sex with minor under age of 16.
Good day – the only way that you can be sure is to take the plunge – submit your fingerprints and wait 48 hours for the report to return. If there is a criminal record recorded against your name – you will know then. You can send an email to info@csinvestigate.co.za to make arrangements for us to take your fingerprints with a scanner.
Hello there. I was convicted of assault when I was still in high school in 2012 but I was already 19 years of age by that time. Would the assault charge have a negative impact on me when applying for a job hence I was still a minor in high school?
Reatile – I would suggest you submit your fingerprints for a criminal record check to determine if the Assault Charge is registered against your name.
I think this is an inferable situation against offenders in South Africa because all advertised posts has a NO CRIMINAL RECORD as a requirement. It’s the same as people who don’t have matric and cannot go back to fix that mistake there is just nothing for them. These people are forced to hide their criminal background and academic profile because they know their kind is rejected. 2016 marks 7 years of a friend of mine having a criminal record and without matric but he has taken one of the well known hard ware store to greater height because of hi loyalty and dedication to his job. He turned over stock loos from R90.000 to R 00.00 . if Only the government and the public can recognise that mistakes happen to anyone and if they can believe in change to the better the world would be a better place. Please give them jobs.
Good day – your friend can apply for expungement of his criminal record in a view years. I do understand and I am sure that the prospective employer does look at the type of criminal record if there is one before they make a decision. If a criminal record check is done – a complete report on the offence and sentence is also supplied the moment we receive it from the SAPS to enable the employer to make a calculated decision. I am glad to hear that your friend learned from his past mistakes
Hello,
My name is neo I just wanted you to advise me please.
I was subcontracted to company A while employed by company B then company A accused me of stealing and gave company A an instruction to dismiss me, during the time of my dismissal I was very frustrated and things got very bad between me and my partner as a result I ended up with a criminal record on common assault then I went to ccma and it was clear that company B dismissed me without any evidence that linked me to stealing and a settlement was reached to put me back to work a year later company A advertised a job and I applied and I was told that I was the best candidate after the interview then they went on the background check stage and they never got back to me since. Is there anything I can do as they are the ones who caused me the frustration that let me in committing assault and now they fail to hire me
Good day Neo , thank you for your inquiry. CSI does verification and screening on employees. I cannot advise you on your question and I would suggest getting a professional opinion on that.
Your Message :hi i was just wondering i have been arrestted before and i was 17 i was found guilty but i was sentenced to go to some programe for 3 weeks does this give me a record. And What i would like to ask if finger print screening and i. D number screening are the same?
Good day Sipho – I will only be able to confirm if you indeed have a criminal record when your fingerprints are submitted to the SAPS. We do this with bio-metrics and the results will be available within 48 hours. We have offices throughout South Africa – please send us an email to info@csinvestigate.co.za to make arrangements. Fingerprint Screening is the most reliable check that can be submitted – I am sure you will get your answer with that!
Albert – the possibility exist that the status was not updated. You need to submit your fingerprints for us to be sure what the status is. Contact us on info@csinvestigate.co.za for an appointment and further instructions.
Hi There,
I was arrested for driving under the influence, but was never convicted.
I went to apply for a job not so long ago and the potential employer returned saying that they were alerted that I have a “pending” criminal status against my name. They then said they will get back to me once they have found out what the arrest was for in order to determine the progress of my application. The wait is agonizing.
So I basically have 2 questions:
1. How do I clear my name from Pending?
2. Will the potential employer be able to pick up what the arrest was for, and how long will it take for them to receive this information?
Nelly – you should get more information either from the SAPS where you were arrested or the court to update the status of your case from “pending” to withdrawn
Your Message :I was having a case of assault in 2013 and the matter was been finalised at the court but always when Im doing clearance it shows that Im having an awaiting trial what must I do?
Please confirm – if the matter was finalized – what was the outcome? if you were found guilty or you paid a fine – then you will have a criminal record. if the case was withdrawn and the system were not updated and therefore it shows you have a record – then another procedure needs to be followed. You will need to get a copy of the docket from the SAPS where you were arrested or documents from the court to proof that the case was withdrawn. When you have that you can mail it to: info@csinvestigate.co.za to see if we can assist.
Lebo – i am sorry to hear that – I personally do not agree with the prospective employer but it is still his decision to appoint you or not. Don’t give up on your mission to search for a job.
Good day Emanuel – you can contact us on info@csinvestigate.co.za for an appointment to submit your fingerprints to the SAPS in order to determine if the record is registered on your name.
Good day Bongani – i am sure there is still prospective employers that will give you a second chance.
Good day Charles – only cases where you were found guilty will appear on the Police Clearance Certificate. However if you did a check (SAPS Verification) then the pending case will appear.
Good day – a Pending case should change status once the case has been withdrawn or if the court decided not to prosecute. As per many of my blogs this is not always happening. First you need to submit your fingerprints through the screening tool to see if your case is still pending – if so you need to get proof that the case was withdrawn and submit that to us for further assistance.
Hi.my cousin got arrested for rape in 2016,from Friday to Monday,nd he went to court he got a bail.then on his next date to court,the complainant withdrawn the case. Is he having a criminal record
Monica – I am sorry but I am not sure – it all depends if the system were updated when your case was thrown out of the court.
All CCMA cases are public and information can be obtained.
Good day Tebogo – it should not affect you – but as stated many times – if the system were not updated and the status not changed from pending to withdrawn it is going to affect you. Please contact me on info@csinvestigate.co.za to make an appointment for your fingerprints to be submitted. When we receive that result – we will be able to know what the status and the way forward is.
Dear Anonymous – no – if they did not take your fingerprints there should not be a record. You can make sure by contacting us on info@csinvestigate.co.za to make an appointment to submit your fingerprints to determine your status.
You first need to make sure if the status was updated by submitting your fingerprints for a criminal record check (you can do this by contacting us on: info@csinvestigate.co.za – make an appointment to submit) If the status is updated you will get a clear report if not – we will need to supply proof to the SAPS that your case was withdrawn in order for them to update the system.
Good day Evans – I am not sure which program you are referring to – but if your case was withdrawn in Court you should not have a criminal record.
GOOD DAY AMELIA
IM ROBYN I WAS CHARGED WITH POSESSION OF SUBSTANCES THEN HAD THE CASE WITHDRAWN FROM ME BY MEANS OF A ‘DIVERSION PROGRAMME’ WHICH I COMPLETED BUT,ALAS! I STILL HAVE A CRIMINAL RECORD! I CAN’T WAIT 10 YEARS AS IM REALLY LOOKING FOR A JOB. IS THERE ANYTHING I CAN SHOW MY FUTURE EMPLOYER TO PROVE THAT THE CASE WAS WITHDRAWN?
Robin – please forward all documentation relating to your Diversion Program to: info@csinvestigate.co.za – if the case was withdrawn you do not have a criminal record – there problem might lay with the updating of the systems as various departments work with the information at SAPS and it is possible that the systems were not updated.
Your Message : I was convicted 3 times in my life and the last conviction I served 7 ½ years behind bars and two months immediately after my release I got a job and the employer ran fingerprint checks on the company system and they were negative. He gave me some sort of a certificate confirming that I had no criminal record and any pending cases, how possible?
Bheki – no this is not possible. If the company ran legitimate and correct SAPS inquiry they will pick it up.
I was arrested in 2010 then my 1st appereance the court found me not guilty,I tried so many times to apply for a job no response,I’m 34 yrs old this year I have kids I can’t take care of my kids cos I’m jobless,what must I do?any help
Toni – if you were found not guilty in court – it technically will not have any effect on your job hunting. If you want to confirm that all information on the system is updated – you need to either go to the SAPS and request documentation or submit your fingerprints. If the information on the system does not correspond with your version – then we need to follow a process to update the information.
Hi I would like know If I have criminal record about ten years ago I paid admission of guilty R600 because then the case was affecting my jod then attending the the court case kept on being reminded
Rem – if you paid an admission of guilt then you will have a criminal record – as you admitted to the offence technically. Depending on various factors – you might be eligible for expungement. Please read about the expungement process on our website. If you want us to assist you in expunging the record – please contact frans@csinvestigate.co.za
Message:Hi….I was arrested for stealing a face cloth that cost R30.00,they took my fingerprints but I didn’t appear in court I was told to go home just like so I just want know is it possible for me to have a criminal record on my name? Please help…
Dear Siya – you will have a criminal record only if you were found guilty in Court. If you want to make sure you can submit your fingerprints for verification. Please do not hesitate to contact our office to assist you in this regard.
Hi
I would like to know do i qualify for the removal of criminal record as i was sentenced for rape.
Good day – please read all information on our website regarding expungement and the process. Sexual offences cannot be expunged – you will have to wait 10 years and apply for Presidential Pardon. We cannot assist with this process.
Hi I have been arrested and sentenced in prison 2 yrz (276(i) on 2013. My case was sensual assault. So I want know how long will take to clear it
Dear Thokozani, I think you probably were charged for sexual assault – as sensual assault is not a crime. Please refer to the expungement information on our website.
Hi. My cousin was arrested and the case was withdrawn because there was no evidence. A year later he went to the police station to check the status and they checked for him and his case was indeed withdrawn. Will this appear on his certificate of clearance and will they pick it up when doing finger print for background checks for employment. Your response will be highly appreciated.
No – if the system shows withdrawn – the fingerprint criminal record check will be clear.
Hi; I once got arrested and my case was withdrawn on the date on court, but my fingerprint were captured, one day I went to interview and they did a background check, they just told me they found something under me. does that mean I have a criminal record? nad what must I do to get rid of it?
Dear Pretty
if you submitted fingerprints for criminal record check the initial result will request verification. The verification process is a long one at the SAPS but once the document from the SAPS is received further steps can be taken. If the document from SAPS indicate that the case is still “pending” various documentation from your side is needed to “set the record straight”. Technically if a criminal case was withdrawn you should not have a record- but taking into consideration the various departments that work with the records – there is a possibility that the status were not updated. Please request result of submission or contact our office to make an appointment to resubmit your fingerprints in order for us to assist: 0861274911. Please note that there is a fee involved when we submit your fingerprints to the SAPS.
Good day I hope all is well with you.
I was once accused by my neighbour of assaulting her, the same day/following day she went to lay a charge against me at SAPS. Then the following day on a morning dawn 3 police detectives came to fetch me from my home telling me that I’m guilty of assaulting my neighbour, I was so puzzled that they came to arrest me whereas they had no proof/evidence they could point to say I did assault the lady as she stated(No visible bodily harms or a J88 completed by a doctor). The SAPS detectives didn’t put me in a police-cell they only questioned me and took my fingerprints, gave me a date of when I’ll appear at a ‘Small Court’ they call it and off I went back home. I did appear at court and the prosecutor immediately threw the case out due to lack of evidence,resistance to bring another witness and the contradicting statement between the accuser and her witness(her daughter), I was then found Not Guilty. However after the case I never went for the criminal record clearance.
So I wanted to enquire from you if I would be able to work for Department of Health Western Cape Government as I recently went for a job interview and I was selected as the best candidates for the job and signed the contract and other necessary documents, outstanding is the criminal record check. What are the possibilities that they can change their decision after they take me for Criminal Record Check and it proves that I do have a criminal record?
Have a pleasant weekend
Thanks
Simo
Simo – you should not have a criminal record if the case was withdrawn. Please arrange for your fingerprints to be submitted. CSI will be able to see your status and assist you accordingly.
Hi Amelia,i was convicted as a youth in January 2010 for House Breaking, i recived a 5year suspended sentence and never went to prison. My question is,is the crime considerd petty? And can i qualify for an expungement once my record reaches 10 years since date of conviction in 2020.
Thanks
Please visit our Criminal Record Expungement Page to determine if you will be eligible for expungement. When an expungement is approved the record on your name will be cleared completely.
Hello,
My problems is the case was provisionally withdrawn, so can that kind of criminal record be removed?
When they provisionally withdraw the charges against you, then it means just what it says. You are no longer charged with an offence. To make sure, you need to submit your fingerprints electronically – we have offices throughout South Africa, please contact info@csinvestigate.co.za to make arrangements.
Hey, the court withdrew the case, The investigator says they are still investigating and that is why my criminal record will always say I have a pending case.
He said they will open it one day and that is what it means to have a provisionally withdrawn case, it’s been 7 years now.
Is the a way to fix such situations?
loyd – you would need to send me official documentation that the case was withdrawn – either from the court or a copy of the docket. info@csinvestigate.co.za
hi if previously arrested but case withdrawn, will the arrest still be visible against my name?
Good day, when a case is withdrawn, you will not have a record. To make sure if the record has been cleared, you need to submit your finger prints electronically, please contact us at info@csinvestigate.co.za or 0861274911 to make arrangements.
Hi i was once arrested for public violence the police take my fingerprint and they find out that ï am not guilty does this mean i have criminal record?
Good day Mimmy – the only way that I am able to answer that question with certainty is to submit your fingerprints electronically – please contact info@csinvestigate.co.za to make arrangements.
Morning Amelia. Please help me about which step i must follow to get my finger prints be removed in SAPS database. I was a wrognfully suspected for what i did not do. I attended the case, and i was not called to appear in the magistrate face. I am a post graduate who is currently in intenship with a Bank. I just found out last week my finger prints are still kept by SAPS. This matter happend in 2010 while i was still studying so now i thought i got my success but look what Is happening with my life. When i checked at the police station i have been told that the case is withdrawn but my finger prints are still kept in SAPS database. Please help because I am still believing that i dont have a criminal record.
good Day Kgosi,
Please confirm – if the matter was finalized – what was the outcome? if you were found guilty or you paid a fine – then you will have a criminal record. if the case was withdrawn and the system were not updated and therefore it shows you have a record – then another procedure needs to be followed. You will need to get a copy of the docket from the SAPS where you were arrested or documents from the court to proof that the case was withdrawn. When you have that you can mail it to: info@csinvestigate.co.za to see if we can assist.
Hi plead guilty to a case and has to pay R600 I was fingerprint 14years ago and never do anything since wil that be still on my name
Good day, if you paid an admission of guilt then you will have a criminal record – as you admitted to the offence technically. Depending on various factors – you might be eligible for expungement. Please read about the expungement process on our website. If you want us to assist you in expunging the record – please contact us at info@csinvestigate.co.za or 0861274911
Hi I was arrested for common assault…insulting my dad’s girlfriend 2009 she took me to court…n we attend the court until the court result says…the case was withdrawn..n prosecutor told me to pay 300.00 not knowing that paying that 300.00…I’m paying for being with criminal record…I do have proof of case withdrawn…if my employer can find this…meaning I’m gonna loose my job…pls help b4 I die…cos dis is stressing me a lot…10 years is too much..n I’m single parrent taking care of my 6 years old disable daughter…with her 2 siblings
Good day Mondi, unfortunately, the expungement option is available for minor crimes that were committed, but only after 10 years after the incident. In your case – 2019. Please visit our Criminal Record Expungement Page to determine if you will be eligible for expungement. When an expungement is approved the record on your name will be cleared completely.
Contact us at info@csinvestigate.co.za or 0861274911
I want to know I was arrested case was dismissed in court but after I was already employed thensaq a pending case on my name so I was forced toresign. i called my lawyer and was advised to go to the investigating officer and what I was told was he never removed my fingerprint on that day after court so the investigating officer went to CSI office to have my fingerprint removed I applied for fingerprint check at the police station it was showing that I don’t have a criminal record. so now I applied for a job was askied on the application if I have any criminal record including any pending case I marked no, so does that mean I lied or can it make me not to get the job?Its a financial industry
Message: Hi Amelia, I was convicted of rape 7 years ago, I then studied Public Relations, and I’m still looking for a job, can this criminal record make it impossible for me to find a job?
I was convicted of assault with intention to do grievous bodily harm, which was unfortunate for me as I was defending myself.
I was given a R10 000 fine and 4 years prison sentence of which 2 years is suspended. I want to get a Public driving Permit which requires that I get fingerprints done at the police. Since These fingerprints show my conviction will I still be issued with the Premit or do I not get a permit even though there were no restrictions on my driving licence
I was got arrested & the case was withdrawn, got my clearance certificate & it says “this is to certify that no convictions have been recorded for any crime in South Africa” but when they do a background check when seeking a job it says I have a criminal record
Please send the result of the background check to info@csinvestigate.co.za to assist you with a better answer.
Good day Amelia
My niece was arrested for assault last year but only paid a fine of R1500.00 after arbitration between the two parties. However because they took her fingerprints she has a record that shows pending case even though she never appeared in court and do not have a forthcoming hearing scheduled. She applied for a learnership and did advise them of the incident, the company did the usual checks and her results came back positive with this results Report summary:
A case awaiting trial was found against the fingerprints captured – (SAP69 report)
How or what can she do to change or clear this as this will prevent her of getting employment. Please help
If she paid a fine of R1500.00 she admitted to the wrongdoing and now has a criminal record.
Hi Amelia.
6 years ago I was arrested for trespassing, then the person who laid the charges withdrew the case the following day. They took my fingerprints and I was told that I shouldn’t worry about anything, didn’t even go to court. Recently at my job they did a background check and somehow picked the case up. I was told to sort this out as this can still affect me in future, so I went to the police station …it still appears on their records. How can I resolve this?
Please send all relevant documentation (proof of withdrawal) This can include a copy of the front of the docket. We will then submit your fingerprints and determine the status in order to assist. please forward documents to: info@csinvestigate.co.za
The mistake most people make is “paying a fine” and not realizing with paying a fine you “plead guilty” which will leave you with a criminal record. Please refer to our expungement process in order to understand the process of “getting rid” of your criminal record.
I was arrested the case later was withdrawn i want to know will my arrest reflect as criminal record
Good day – if the case was withdrawn you should not have a criminal record. please contact our office to submit your fingerprints electronically to see the status. info@csinvestigate.co.za
Hi…My brother was arrested in September 2016 for few hours. He was told to go, so he just left and after a month or so he found a new job, when they took his finger prints, he was told that he a has criminal record. He went back to the police station to find out what happened and he was told that, he was supposed to go to court before leaving the police station that day. They looked for his docket and they said they could not find it, he was told to go home and they will contact him. He went for finger prints clearance at one of the police station but they needed some information from his docket and when he went back, the docket is nowhere to be found. Then the detective in charge told him that they will have to open a new one for him until today, nothing has been done. He keep calling them but the detective responsible for his case keeps telling him that he will attend to it until today. Whenever he finds a new job, the criminal record that he supposedly have gets in the way of him being hired.
Please arrange for fingerprints to be submitted or send CSI the results of the Police Clearance – CSI will be able to assist once we have that information. If you do not have the results of the Police Clearance – please arrange with CSI to submit your fingerprints electronically in order to receive the necessary information and act upon it. info@csinvestigate.co.za
good day I was arrested for fraud but the case was taken of the court roll thus that mean my case is over or what I want to apply for a job but my record shows pending can the company employ me or not.
Pending means the system was not updated with the Court decision. The only way to correct that is to get the official documentation from the SAPS station where the incident took place or the court documentation stating that the case was withdrawn. Once you have that you can contact CSI to assist you in updating the system.
Hi
Does paying traffic fines make you have a criminal record?I went to the police station to check if there is anything under my name and they told me I have a criminal record of driving without possession of a driver’s license and I was fined 300 which i never paid because i do have a license.I went to the the traffic to check and they told me it was withdrawn but it’s showing at the police station.I’ve applied for a job,will my potential employer find this record?
Good day – please arrange for your fingerprints to be submitted in order for CSI to see the status. If the case is withdrawn the system should show that – if the system then needs updating CSI can assist you if all relevant documentation is submitted.
Hi, I would luv to knw is faudging sick note (4 of them each 2days within the space of three weeks) is it regarded a criminal record, I would love to also ask will I loose my job although i pleaded guilty, I’m working in government for over 10 years now, this is the only time I did this bcoz of racial issues that were hapening in my department and I did that to get back the money that they deducted from my salary, will they discharge/dismiss me and if so will I be able to secure a job in private sector? I am also a diplomate (holding a National Diploma South African University level). I have a clean criminal record at the moment- this my first time.
Dear Andile – if you were criminally charged for Fraud and you were found guilty you will have a criminal record. If your company did not charge you at the SAPS this will stay an internal matter.
I was arrested for today’s I get out and court didn’t say am guilty or not .when I must come appeared to court they say they don’t see my docket and when they check my name on they computer they see my cause is not over so what I must do with that
it is suggested that you submit your fingerprints to determine your status. please contact our office to make arrangements. 0861274911 / info@csinvestigate.co.za
Samantha – you will have a criminal record if you were found GUILTY in a court. If you want to you can arrange for your fingerprints to be submitted electronically to determine your status. info@csinvestigate.co.za – or 0861274911 to make an appointment.
Niko – I will only be able to assist you with an answer if you submit your fingerprints electronically and CSI can see what the status is. Please arrange this with info@csinvestigate.co.za or 0861274911
Hi
Please assist, what does it mean if the court structs a case of the roll? does it mean that the case is “withdrawn” or still pending?
When a case is of the roll, it means that the case has been withdrawn.
I like to tell you my story, I had assault case back in 2013 and I spent 8 hours in cell at police station and the took my finger prints then ask me to pay the fine of R300 and I did then was released. I never attended the court, I never received even case number and even the victim never received case number. Last year I applied for finger print clearance certificate in Pretoria and was granted the clearance certificate but it does not show that under my name the conviction has been removed.
When I call them and asked what happening they said to me they dont remove finger print and the certificate I have it report that shows that I had assault case I must contact Department of Justice, when I do so they told me that it will be under my name for ten years.
But surprisingly is that I paid as they, according to me I had no case under my name and supposed to be clear, may you please assist me now I am desperate for employment because of this finger print.
Your assistant in this regard will be extremely appreciated.
Kind regards,
Simphiwe Madela
Good Day Simphiwe, if you paid a fine – you will have a criminal record. Paying a fine is technically admission of guilt. Please visit our Criminal Record Expungement Page to determine if you will be eligible for expungement (only after 10 years of the incident). When an expungement is approved the record on your name will be cleared completely.
Good day Amelia, when someone had a against them , but never appeared in court, since the case was open 2009, but I think the finger prints is still apprearing at the police station on their system, how do a person go about to clear the finger prints
Please advise as I am enquiring on behalf of a relative.
Regards
Hi,is was wrongfully arrested in 2016 and I went to court and the case against me was withdrawn. My current employer is running screening for criminal records checks.I want to know will having charge withdrawn against you affect the chances of getting employed? Because all my colleagues who went for screening are being placed on permanent jobs and no one said anything to me.
does traffic fines gives you a criminal record and does an employer see that record f it is one cause I applied for jobs and its always unsucsesfull
Louis – depending on the traffic offence. The only way to know for sure is to submit your fingerprints for a criminal record check. Please contact our office info@csinvestigate.co.za to make an appointment.
Good day,
In 2010 i was reported for common assault and the court ruled that as a warning and i was told it will not count as a criminal record and i paid a fine. Since then i was not aware that there is a criminal record under my name, until recently when the potential employer told me that i do have a criminal record.
I just want to know how can this affect my profile because honestly i was not aware that i do have a criminal record? What are the chances that the employer can hire me?
Good day Moshe, it is so sad that the public is not informed about when you will have a criminal record and when not. When you pay a fine – you admit to being wrong – and therefore you immediately have a criminal record. I am sorry but most likely this will affect your profile and when fingerprints are submitted to the SAPS it will be known that you have a criminal record – as well as the details regarding the record. The best thing to do is – to be honest when you apply for a job – explain what happened – and perhaps the employer will take that into consideration.
Hi Amelia
We were arrested for MI2P with my sister inApril last year and attended a case and we were found not guilty. Will it appear on a backgrounr screening for illicity found?
Thank you
Good day Velaphi – the only way to be sure in my answer is to submit your fingerprints to the SAPS. Please contact our office info@csinvestigate.co.za to make an appointment.
Hi there please help me out, i was charged in 2010 for a criminal case. we were then told to go and that the case had been taken off the roll because of lack of evidence against us. now I might loose my job because my fingerprints still appear on the saps system as Pending case. please help me with this
Good day -Please send proof of withdrawal to frans@csinvestigate.co.za – together with a copy of your id and a set of fingerprints if you are not able to visit our office personally. We will then attempt to update the system and submit the fingerprints afterwards as proof that the information was corrected at the SAPS.
Hi I was arrested in 2014 and the case was withdrawn. But to my surprise I have been turned down by w companies saying the results came back saying inconclusive. Please may you explain what this means and how can I clear my name. Thanks
Irene – there might be a possibility that the systems are not updated with the “withdrawn” information? Please send all the relevant documentation (copy of a court document or SAPS docket stating that the case was withdrawn) together with a copy of your fingerprints if you cannot come to our office and a copy of your id to: frans@csinvestigate.co.za – we will then be able to assist you if we have proof that the case was withdrawn.
my sister was arrested for selling alcohol 5 years back ,she didnt even go to court,the just took her finger print and let her go.now she is strangelling to get job because they say she is having a criminal record and its going to last for 10 years,please help us in this case,and again i just want to if someone was arrested and was not found guilty its means you still have criminal record because of the finger print or what?
Good day – the only way to know if your sister has a criminal record – is to submit her fingerprints to the SAPS. We will then be able to see what the status of her record is in order to assist her. Please contact our office info@csinvestigate.co.za to make an appointment for her fingerprints to be taken. If she does have a record (pleaded guilty/paid a fine/were found guilty) then she unfortunately have to do an expungement after 10 years.
Hi I got arrested, charged for shoplifting more thqn 10 years ago. but i was not found guilty, my fingerprints were taken at police station. The money for bail i had paid was reimbuirsed. I applied for police clearance and it came back with no criminal conviction. When the background check is done will it show a criminal record?
Lola
CSI would need the court documents and/or copy of the docket that clearly states the result of the trial in order to set the records straight. You can mail that to info@csinvestigate.co.za to determine if CSI can assist you in that regards.
Hi, i applied for a police clearance,and when it came back it said awaiting trial….and that case ended 2010 i was found guilty and given a suspended sentence and community service for a year….what could be the reason pretoria does not have the results?what should i do
Ouma – if you were found guilty the result should have come back as criminal record not awaiting trial. Why exactly the case was not updated I dont know – but I am sure it will be updated now.
Hy i was wrongfully arrest for muder. in 2011 after 3dayz ther release me out but ther took my finger prints now im in case awaiting trail what must i do?
Mondli –
the first thing we have to determine if you are “still awaiting trail” if you are – there is nothing that CSI can do about the situation. If however the case was withdrawn or you were found not guilty – we can assist to determine if the records were updated.
Hi amelia I got arrested for common assault and I appear at court I got a bail of R500 and a date to appear at court, on that date I appear at court and my case was dismissed
cause a complain never came 2 court en I got mi bail money back do I have a criminal record cause my name still appears on a date base of saps
Joseph
we would need to submit your fingerprints electronically to the SAPS to determine the status and only thereafter we will be able to know the assistance we can provide to you. Please send an email with an explanation to info@csinvestigate.co.za to set up a meeting for your fingerprints to be submitted.
Hi i was wrongfully accused of assaulting someone of which i was found not guilty ny the jury. So now i have been shortlisted for an interview at a government department. So i am worried that maybe the record will show when they do de background check. So what must i do.
Ishmael – if you were found not guilty your fingerprint record check should be clear. If it is not cleared – we will need additional information from you to update the status.
CSI can assist with submitting your fingerprints directly to the SAPS to verify the status. Please send an email to info@csinvestigate.co.za if you want more assistance.
Hi Amelia,
Me and a colleague lost our jobs because we have received money from a suppling company to do bussiness with them. The company that I worked for opened a case againts us for fraud at the local Police station. We were never arrested, a few months later we were given a warning statements by the investigating officer but he didn’t take any fingerprints. We did give the investigating officer our formal statements with the help of our laywer about one month later. It has been 6 months now and we heve’nt heard anything thus far from the police or if the court are goining to procecute us.
We suspect that the case might have been withdrawn (the reason being) because this company became aware that we are in possession of documented proof of fraudulent activities worth millions committed againt their own clients by senior member of this company. We were three colleagues that was involved in this regretful act, two of us lost our jobs and might be prosecuted. The third colleague still works at this company without any consequences for his participation in this act because of close frienships with certian individuals in top management.
I have to apply for a Police Clearance Certificate, will a possible pending investigation show on my Police Clearance Certificate?
Given the fact that I was never arrested for any offence in all my live, I have never been in court and that my fingerprints was never taken when I received a warning statement.
Best Regards,
Good day Jacques
If the record is still pending it will not show on your Police Clearance Certificate. The fact that your fingerprints were never taken means that there will be no fingerprints on the criminal record system to match it to. If you want to know the status of the case in question – please email info@csinvestigate.co.za, I can attempt to investigate the history and status of the case with your consent.
Hi Amelia, I was arrested for a possession of dagga, I did not pay a fine they took my fingerprints and went to court, In court I pleaded guilty. After pleading guilty the magistrate said to me he will give me a second chance because i’m a first time offender of a crime and the dagga that was in my possession is less in grams, however if I commit a similar offence I will get a longer sentence in future. So now i’m very confused because i’m looking for a job now the took my fingerprints I don’t know what to do I’m stressed not knowing that i’ll get employed, and what should i say if i’m asked if I ever got convicted of a crime in Interview.
Andy
once you pleaded guilty – you had a criminal record on your name. The second chance probably refers to the type of sentence and not the fact that you pleaded guilty. If this incident happened more than 10 years ago we can get it expunged for you. Please send the information to info@csinvestigate.co.za in order to determine if we can assist.
But I asked my Lawyer If i’ll have a criminal and he said No the magistrate only warned me.
Hi Amelia.
My husband was arrested when he was 17 in 1993 for being involved with petty theft but was acquited. His friend was charges with 3 year suspended sentence. We recently found out that the suspended sentence is under my husband’s name. We want to have this rectified but was told the court tranacripts have been destroyed and we don’t simply want it expunged. What are our options please?
Dear Estelle
If you can get a hold of the SAPS docket (you would find it at the SAPS station where they were charged) and make copies, you can send that to me in order to determine if there is enough information on the docket to rectify the situation. You can forward the information with a description of the situation to info@csinvestigate.co.za.
Good day – if your Police Clearance states that there is no record recorded against your name – it means that you do not have a record.
Hi I was arrested March this year year for shoplifting, they took my finger prints went to court my case went for diversion, did my community work so will I have a criminal record, I am worried I applied for a higher post at my work place and It was successful twice but the post keep coming back I dont know what is the problem but no one came back to me and ask about the criminal records, can that hinder me to get the job please help me.
Good day
I was arrested in June this year for drinking and driving and my fingerprints were taken, I am only going to court next year in June 2018. I have applied for a job and will be doing fingerprints soon, will my prints come back with anything?
Hi
I was arrested for few hours for theft, payed a R1000 bail, then the next day i appeared in court, my representative asked the judge to send me to this organisation called NICRO where i saw a social worker and went on a 3week councilling then i had to appear again in court then my charges got dropped do i have a criminal record.
Good day Amelia my expungement application came with the result that i have been expunged for my admission of guilty fine of 100 which is assault common that happened in 2002 so I would like to know that am I qualify to work any department because i did Bachelor of arts in international relations at university.
Good day
I got a fine under Section 56 for riding a scooter without a license. It is R1000. I am happy to pay it, as I do not have a license, but does that mean I will have a criminal record?
Good day – I do not think so – but if you submit your fingerprints for a criminal record check at our office you can be sure. Please contact our office or send a mail to info@csinvestigate.co.za to make arrangements.
Hi Amelia
Ia m currently a second year student and I am accused of rape and I don’t know what will happen if I am found guilty .
My question is, will I be able to go back to school to finish my degree after my arrest (if i am found guilty), and will I be able to receive funding from prospective bursaries like NSFAS?
True very very very true!!!!!!!!!!!!!
Most of SA government officials have criminal record bu when someone with a pending or criminal record apply at government they been rejected
Question: I have a pending drinking and driving at court the court clerk state i should go home my case it not on the court role, I was arrested for the case in question March 2017 and its now Sep 2017, whats going to happen know, I apply at government departments, will my name appear as pending, can I be rejected for the pending, will the case be withdraw completely and my name be cleared ……….
Good day, I was arrested last year for rape. Was for 11 days in the police cells, I was bail granted. When I had returned for my next court date the investigator officer did not bring the docket to court on the day. The magistrate had withdraw the case for further investigation. Since then till today, I have not heard of the investigator officer again. Nor do I have any court date against my name. When I applied for jobs it shows that the case is still pending against my name.
What should I do in order to remove it to get a job?
Shaun – please see my previous replies with regards to this issue – you must have proof (either in the form of a copy of the front of the SAPS docket stating that the case was withdrawn or a document from the court stating that the case was withdrawn) once you have that there is a process that we must follow in order to assist you. Please send a mail to info@csinvestigate.co.za once you have that proof.
Hi I have been for finger prints scan got my results from afiswitch so my saps 69 report shows a pending case from 2013 which was withdrawn but on results it shows still pending now I cannot work. Please tell me what to do with my saps 69 results to get that information corrected because that case has been thrown out of court. So why is it still pending?
Lorenzo – please see my reply to Dawid – you would need official proof that the case was withdrawn.
Hi Amelia
I arrested for theft and fraud back in November 2013. Was charged, but never pleaded guilty or not guilty. I appeared in court a couple of times, every month or two. Until the case was thrown out/dismissed by the judge in 2014. I received my bail money back. I never heard anything from the police, my lawyer or anyone about the case again.
In August this year, I got a permanent job at a company, where I did not discose my status, I didn’t even realise it was on my criminal record, as I never went for a police clearance certificate over the years.
The company did background checks, by taking our fingerprints. They found that the case was pending and awaiting trial on my criminal record. I was therefore dismissed.
My question is, can I apply to have that removed off my criminal record?
Dawid – yes we can assist you in that regard. You would however need to provide our office with the official documentation from either the SAPS or the court stating that the case was thrown out of the court. Please send an email to info@csinvestigate.co.za for further information.
Morning Amelia,
I have been arrest in 2000 age 18 for Traspass not realized.Security catch me they call the police who took me to police custody they took my fingerprint, the next day I went to Court the Magistrate dismissed the case (the finding state De mininus)
In 2005 I apply to possess a firearm it was declared I explain the story to the officer he advanced me to bring the Case docket I did.we reapply after 10 weeks I received a firearm licence.
My question is a have a criminal record or not?, cause I’m nervous, im applying a job still waiting for the result.
Please help
Good day Samson – the easiest way to find out if you have a criminal record is to submit your fingerprints. We can assist you with that – please send a mail to info@csinvestigate.co.za to make an arrangement. If you do have a criminal record – we can also assist to expunge it for you if 10 years has already lapsed and the record was for trespassing.
I was charged for assault in 2009 paid a fine …fingerprints were taken …I was successful in an interview but upon doing the security check via fingerprint they picked up that I have what they said is a record . I’ve been to the police station and the report they printed says that I have no criminal record ..how do I get rid of this ..pls help
Good day – once you have paid a fine it is as good as “pleading guilty” Therefore most likely you will have a criminal record. please contact our office or send a mail to info@csinvestigate.co.za – we can submit your fingerprints to the SAPS and we can within 4-48 hours have your answer. If you do have a criminal record – we can then determine if you are eligible for expungement (clearing your record) and assist you with that.
Hi Amelia.
I encountered an incident in 2015 where a security guard caught me “shoplifting” *sigh* (long story). Anyway, he then took down my details (first and last name together with my ID number) in some book that appeared to have other names and ID numbers possibly of other people that had been caught shoplifting. However, he didn’t call the police, he simply gave me a warning and let me go. I was never arrested, my fingerprints were never taken, I didn’t spend a second in a jail cell – nothing of that sort BUT I’m afraid that I have might have a criminal record regardless of not being formally arrested, because I simply gave him my ID number. To make matters worse I’ve applied online for two holiday jobs (at the same store) after this incident and both my applications have came back as unsuccessful. My mom keeps saying I don’t have a criminal record because I never set foot in a police station regarding that incident but the whole ID number thing makes me really uneasy. So please put me out of my misery, is it possible that I have a criminal record?
Hi Amelia
I have a criminal record almost as long as my arm, all this due to my miss spent youth and drug addiction (Housebreaking and theft etc). I got out of prison in October 2004, in January 2005 I got a job at Sasol as a Safety Watcher, I worked with them for four years, at my own expense I studied further and got my SAMTRAC qualification, then qualified as a Safety Officer, I have worked on various projects since then and proved myself to be a trustworthy employee, from 2013-2016 I studied further at my own expense and completed my National Diploma in Safety Management, currently I am studying for my B-Tech degree in Safety Management but I am still finding it difficult to get a permanent position because of my Criminal Record. Could you please advise as to what I can do when approaching a prospective employer because at this stage of my life I am at my wits end and don’t know what to do anymore?
Good day Sir!!First let me congratulate you on turning your life around! Then I think I have some good news – if you qualify – we can assist you with an expungement. Please go to our website http://www.csinvestigate.co.za and answer the quick quiz that will give you an indication if you might qualify.
Good day Mo, if the case was withdrawn your PC will be clear. The case should not be on the system as pending – as it was withdrawn…
In 1991 I was arrested for drunk & driving & 1993 for purchasing stolen property. On both occasions I paid the admission of guilt fine and was released. I am employed in Government for last 10 years and have been promoted twice. On each occasion security vetting was conducted and no criminal record was picked up. Now I have applied for another post and am sitting as the number one candidate for the post, my security vetting is picking up my two convictions. Does the Labour law discriminate in terms of an individual not being appointed based on my previous convictions that I have disclosed. Can I challenge the decision if I am not appointed based on these grounds.
Good Morning Amelia, I was arrested in 31 February 2017 for being in possession of stolen bike which i advertised on Gumtree. You see I bought the bike for my son, when he passed and later realised it was too big big for him and he wanted a PSP instead. I advertised the bike on Gumtree only to get ambushed by the police and arrested for being in possession of stolen property which I was not aware of. I gave my full co-operation with the name of the person who sold me the bike, After being detained the person eventually came to the Investigating officer to inform them that i was not aware of the bike being stolen and that I was innocent party, he then made a deal with the detectives by giving them the names of the guys where he bought the bike from. As also picked as well that these guys were linked to a spade of house break ins as well. The Captain also agreed that the charges will be dropped against me, but fingerprints were already taken. I appeared in the court next day, the Magistrate did not even looked at me as I walked straight out of court. Upset only to find out my belongings at home were confiscated and now 11 months later as part of job interview where i passed, been in training for 3 weeks, I am on the payroll been given access things as part of the requirements. The HR officer informs me of the MIE report which states, ” Awaiting Trail, for 2 charges against me, “Possesion of presumably stolen property and house breaking”.
I was shocked, I never went to court, have never been updated regarding the return of my property after I send them numerous emails, they just ignored me. Now I see this.
What does it mean “Awaiting Trail” the guy who sold me the bike confessed and gave them information and was to let go, I remember charges were dropped against.
Is this MIE report correct or does it need to be updated.
Thank you I really need your advice if this can be removed.
Good day Sir – ‘CASES AWAITING TRIAL” results are common and most of the employers does not know that result does not constitute a criminal record. As stated many times before the lack of communication between systems may lead that status never to be updated. Please send me proof that the case was withdrawn (either a copy of the front of the docket or a document from court) to proof that the case was withdrawn. CSI will then attempt to rectify the situation and we can resubmit your fingerprints to get a “clear” report. Please send information to info@csinvestigate.co.za in order to start the process.
Hi Amelia, I was convicted and charged for assault however when I did a check the system picked up that I was convicted for Robbery. Is there a way this can be rectified?
Good day
please send an official document to info@csinvestigate.co.za that proofs the case that you were convicted for.
Hi Amelia,
I was charged with drunken driving and purchasing of stolen property in 1991 & 1993 which was 27 and 25 years ago respectively and paid a guilty fine for both and was released without any imprisonment. I was in my early 20’s then and quite reckless, According to my understanding, i thought that this record will automatically be absolved from my records after 10 years and did not worry about it. In 2007 (10 years ago) after a security vetting, i was successful in being appointed in the Government sector after being security vetted. In 2003 I was successful in getting a promotion in the Government sector and was security vetted again- no inconsistencies detected. In January 2016 the SIU conducted security checks on all staff members in our section and no feedback or issues were corresponded. As i completed my degree, I was applying for further higher posts. On all my Z83 applications i stated criminal offences as none. In November 2017 upon going for an interview, my security vetting results detected these offences and the HR called me to provide an reason which I duly sent through. I believe that I was the appointed candidate but because I disclosed that I do not have a criminal record and this was picked up, I think that i was not given the post on those grounds and was discriminated against. I now know of the expungement process. Kindly advise.
if found guilty for sick certificates and paid a fine, how long will the criminal record stay before its cleared
Me and my old friend was arrested as juveniles but we went on trail the matter was withdraw; case closed, but i did not appear on the day the matter was closed at court and know i have case pending or a warrant of arrest against my name i just wanted to know where i stand, because i want my name to be cleared for i cant follow my career because of that case, can anybody give me legal advise or what are the possible outcomes
CSI can submit your fingerprints in order to determine what the status of the case is. If case is still pending – we would advice you of the next step.
Hy ..I was arrested for drink and drive and finger print were taken…i have’nt went to court still waiting for the first time to appear in court….big sasol company sent screening document .Asking have u ever been arrested? Have u ever been found guilty? My answer was no, cos i dnt even knw my police clearance certificate…im so stressed cos im still waiting to hear 4rm them…..help plz !
Good day Sir. The question “have u ever been arrested before?” should have been answered truthfully – as you were arrested before. This would have given yourself and the employer an opportunity to discuss the matter with you and clear up all any questions that the company might have had. Now – if they did a criminal record check – they would think/know that you lied to them. In future – rather be honest in your application.
Hi Amelie I once had a case for theft but it was withdrawn but the finger prints were taken and this records shows up on the police database. So if I were to apply for a police clearance this means that this will also show up? And if I were to apply for.an expungement will I qualify cause it’s been 6 years and I have no other cases or haven’t committed any crime and I was still a minor by that time
if the systems are updated you will be cleared. we must ensure that the systems are updated – in order to do that we have to submit your fingerprints. Contact my office for an appointment.
Hey please assist… Some lady opened a fraud case against me I was never arrested but an investigation officer wanted to give me a warning statement but I was not available when he arrived where i stayed, I was not arrested and I didn’t take any finger prints I owed this lady and i paid her the money i then cslled the officer and told him about this. He told me he will cancel it since it has been sorted out and tell the lady that opened a case against me to come through to the police station. I want to found out if i havr a criminal record under my name as the officer had all my details including my ID?
Please contact my office 0861274911 or info@csinvestigate.co.za – we will be able to verify your status.
Hi, I was arrested for drink and driving , the following day I paid R500 bail and investigating officer instructed me to go to court on Monday morning ,when I got to court I was told that the charges are withdrawn and I was refunded my R500 . The following week I found that there is a pending case on my name , then I went to the police station to ask for a front page of a docket , it only stated that the case was not placed on a court roll . What should I do in order to clear this from my name ?
Send all relevant documentation to me info@csinvestigate.co.za – i will attempt to assist
Hi.
I was caught with a joint/marijuana 6 years ago when I was still very reckless and foolish. I went to caught and paid a r500 fine not knowing it was an admission of guilt. After that I completely changed my life my only problem is that I can’t find permanent work because of my record. Is there anything I can do about it as I still have 4 years till my 10year period is finished.
This was posted previously- still awaiting a response. In 1991 when I was 22 years old I was arrested for drunk & driving & 1993 for purchasing stolen property and charged. On both occasions I paid the admission of guilt fine and was released. I am employed in Government for last 10 years and have been promoted twice. On each occasion security vetting was conducted and no criminal record was picked up. Now I have applied for another post and am sitting as the number one candidate for the post, my security vetting is picking up my two convictions. Does the Labour law discriminate in terms of an individual not being appointed based on my previous convictions that I have disclosed. Can I challenge the decision if I am not appointed based on these grounds.
Hello Amelia.
My name is Wiseman.
At the age of about 13 or 14 it happened that my friends steal from the super market. I wasn’t there in a process of stealing. The security picked it up and follow them to the parking lot where he find us all eating what they stole.
The security took us as small as we were to SAPS. We were asked questions and I did not even know how to answer. My friends confess that I wasn’t there after finger prints were taken.
My friends parents were there except mine and they paid a FINE. According to the info I wasn’t associated with that FINE. The FINE did not include me. No receipt issued on my name as admission of guilt. The police told me they will destroy my finger prints as we were leaving the station.
Since after university I’ve been working and I never admitted or declare my criminal status of the ages when I was 13yrs. I have worked for over 3 companies now, doing finger prints check. I was never decline or rejected employment.
But now I am scared. There is a top position I am gunning for and there were first time questions on my application since ever.
Questions like…
Have your finger prints ever been used by SAPS for any criminal offence?
Have you ever been found guilty by SAPS?
Have you ever pay fine with SAPS?
Questions this time were based on finger prints and not duration of conviction or if I ever stood in court of law.
Now childhood memories are coming back like a heavy rain from above.
Questions are poundering, piling up like LLB student assignments.
Please tell me. For a fact I ha always been employed and this happened 13yrs ago.
What is my status as per your assumption?
In your case your answers will all be NO. However – when you do a pre-employment Polygraph – I would suggest that you divulge this information as most of the questions includes: have you ever been arrested before. It is better to be honest, and if you answer NO to the three questions you posted – it is an honest answer.
I need advise for a family member.
Surie – i think i already assisted you? I sure hope you came right.
Good day!
i was arrested in 2016 for being suspected of stealing a wallet.I was then sent to attend a diversion program as a first time offender.I applied for job at the airport and they asked me if i have a criminal record i said no.was asked if i have been convicted before and I admited yes in 2016.so they sent my fingerprints and it appeared i have a pending case.wasnt it supposed to be removed?I went to court to find out if its been removed n it ws not removed and the lady said it will be removed in 4 days.what are the chances of me getting the job because my potential employer is quite now.
Good day Bonile
They are working on the same system but communication between various units are limited. Send me the official documentation that you received when your case that was withdrawn. if you do not have official court documents – you can request a copy of the front of the docket from the station and send that to me. i will attempt to assist. info@csinvestigate.co.za
Good day
I was arrested for theft in 2010 and later discharged in court and the judge said i was not going to get a criminal record. In April 2018 i applied for a job , i was called to come write assessment followed up by the interview and medical checks afterward we were called for background checks. The results came back that i have a theft charge that i was later discharged for hence i did not get the job. I went to different police station to find out as the judge said the offense will not result to a criminal record as i was still young. 3 SAPS offices shows no records to be retrieved under my name but my application for the job was disqualified.
Good evening
I was convicted of malicious damage to property tree years ago, I was fined five thousand rand however four thousand rand was suspended for four yars. That means I paid one thousand. Criminal court did not prove the case beyond reasonable doubt, seemingly balance of probability was used in a criminal court to convict me a year after my resignation as a police officer. According to presiding magistrate I was convicted because I was a police man. I personally tried to apply for re enlistment later as ex cop with relevent qualification and experience. The first thing I was asked before I handed over my aplication was “Have you ever been convicted of any criminal case?” When I agreed, I was informed “Then you do not qualify” that was it. An applicant is re enlisted in the SAPS only if he or she is more than ten years before pensionable years. I tried to apply for expungement with Justice department, and my application was quickly turned down on the basis of ten years waiting period. So by time I qualify for expungement I will not qualify for re enlistment because of my age. Right now I have five years and one year children, Currently I am my wife’s third dependant. What can I do in this kind of situation?
I was arrest for false charges assault gbh and on the day of appearance in court I was release without any information does it says I have criminal record
Siyanda – we will need to submit your fingerprints in order to determine the status and the way forward. you can send a mail to: info@csinvestigate.co.za
I was told by my Foster child’s boyfriend that my foster child has laid a police case of some sort against me( She is no longer staying with us) …. It is now a month later and nothing has happened…. I am seriously stresses about this. How will I know if she actually did lay a case against me or did he just lie to me?
Please send a mail to info@csinvestigate.co.za – we would need consent to access your records.
Hi i just want to ask can a person’s fingerprint registered before charged by the judge? Because this has happen to my friend and she applied for a job but they couldnt hire her because of criminal record
Nomsa
you only get a criminal record when found guilty. The fingerprint should show “case awaiting trial” if the trial is not concluded yet – and the prospective employer should not take that into consideration. If her results still say: “case awaiting trial” and the case was closed or she was found not guilty – please contact me on info@csinvestigate.co.za in order to assist her to set the records straight.
Hi Amelia,
I hope you are well.
I recently completed an eligibility test on A website called Fresh Start Law Center and have have returned: “Possible criminal activity identified at police station” and “Case awaiting trail” although I have never been arrested.
This was a test conducted using my ID number only (no fingerprints).
The odd thing is, not long ago an employer conducted a proper test using fingerprints which found nothing.
Should I have another test done using my fingerprints to make sure?
Thank you and Regards,
Jay
Good Day,
I was arrested with possession of dagga in 2018. Went to the court and I admitted guilty because I was scared. Later on, am realizing that there is a record against me. I wasn’t informed that there will be a criminal record because I didn’t realy have knowledge of this.
Is it possible to remove this record. I paid 200 rand fine.
Please let me know.
Xavi – depending on the time lapsed. please visit our website on expungements for more information
Hi Amelia
7 or 8 years ago I was arrested for shoplifting. Fingerprints were taken and I was sent to a cell. The following day I was sent to a judge or another police officer and I was questioned and I was told to go home after that. Does this mean I have a criminal record? And why were my fingerprints taken?
Hi, I just want to find out if withdrawn cases do appear on police background check as “Withdrawn case” or they don’t appear all together? Thank you in advance.
Withdrawn cases should not appear all together
Hi, I was arrested in 2005 for theft and I was 12yrs old then,finger prints were taken at the court.at the court I was told that I was going to attend diversion program for 3 months and I did complete the program and went back to court and I was told that my case has been withdrawn and I should stay away from trouble, so is it possible to get a criminal record after completing the diversion program .
Hallo Amelia am worried about my arrest, I want to know if it will show on my record. I was arrested for assault in 2013 and I issued for criminal records certificate, it says no criminal record. What I want to know is that whether it will show when companies do a criminal background check.
Hi Amelia,
Two questions:
1. I was arrested for theft and my case was withdrawal. Will it show when prospective employers do a criminal check. How do I find out if I am clear and if not, how to fix it?
2. Similar. I was arrested in South Africa regarding a case against me in another country. I have since been overseas and dealt with that. Will that info that I was arrested here show up even though it has nothing to do with South Africa.
I am trying to apply for work but each time it comes to clicking ‘apply here’ I have huge reservations because I am afriad of what may come up.
HI…I REALLY NEED YOUR ASSISTANCE TO ADVICE ME. MY BROTHER GOT ARRESTED IN 2003 AUGUST AND HE TRIALED FOR 6 YEARS FOR ARM ROBERRY AND GOT SENTENCED IN 2009. AFTER 15 YEARS IN PRISON AS HE WAS SUPPOSED TO COME HOME THIS YEAR THE INVESTIGATING OFFICERS SAID HIS FINGER PRINT WHERE IDENTIFIED IN A HOUSE BREAKING AND THEFT THAT TOOK PLACE IN 2003 JUNE NOW HE HAS TO BE CHARGED FOR THAT CASE. HE HAS DONE SAP69 IN 2003 NOTHING CAME AND HE DID ANOTHER SAP69 LAST YEAR NOTHING CAME UP ,NOW, HE IS OFFICIALLY CHARGED FOR HOUSE BREAKING AND THEFT BECAUSE OF THE OFFICER SAID HIS LEFT INDEX FINGER WAS PICKED UP IN THAT PARTICULAR CRIME SCENE. MY QUESTION IS, IS THAT POSSIBLE FOR TWO SAP69 NOT TO DETECT THAT CASE. is it possible for us to run his print to criminal record & criminal scene management to verify the truth about these allegations?
Good day – the SAPS 69 will only state something if and when he is officially charged. Remember – when a housebreaking is investigated and identifiable fingerprints is lifted from a crime scene – that fingerprints always stays in the system until they are identified. what happens a lot- the fingerprints is lying there for years -until the owner is arrested for the first time and then only he’s fingerprints can be identified.. i hope this answers your question
I was found guilty and I pay the fine of R2500 can I clear that record.”
Ian – it all depends on when you were found guilty – please have a look at the information on the expungement on our website
Hi I would please like to know, some months ago, I got stopped at a road block, and got tested for drunk driving, I was below the limit, but then they took my license, and wrote my details, what are they going to do with those details, and will it show on my record that I was stopped even though I was under the limit, I’m just worried about the details they took, or were they for statistical purposes, after they took my details they told me I was free to go, will those details they wrote in any way affect my record, when they do a background check on me
Thank You
Good day – the only way that you can have a criminal record is when you were found guilty in a court of law. if you want to you can contact frans@csinvestigate.co.za – he will then submit your fingerprints electronically to make sure what your criminal record status is.
do i have criminal record if case was withdrawn i went to another compony they told even if the charges were dropped i got a criminal record
if a case was withdrawn – you should not have a criminal record. there is a possibility that the SAPS system is not updated. please send a mail to: frans@csinvestigate.co.za to make arrangements to take your fingerprints electronically to determine the status and to rectify the system accordingly
Prince – you should not have a criminal record if the case was withdrawn. There is a possibility that the system was not updated and the case still shows “pending” and the only way to fix is to submit fingerprints. frans@csinvestigate.co.za – send a mail to make an appointment for submission of fingerprints.
hi Amelia Griesel
i would like to find out i was caught with being in possession of drugs /dealing in drugs
i was arrested and appeared in court ,after a few remands it was set for trail.
i received a differed fine and 5 year suspended sentence but did not go to jail.
this was in 2014 ,this is now 2019 can i have my record cleared and from pretoria or do i still have to wait to apply for a government job.?
please assist
Natanuel – yes you can have your record expunge if the five years have lapsed. contact frans@csinvestigate.co.za for more information
Hi, I was accused of rape in 2007 and my case was taken to court the accuser never showed up in court for giving a testimony up until the judge decide to dismiss the case for temporary and now it’s been over 10 years waiting and when I apply for PSIRA it result that I have a pending case on my name. Please help what should I do because in 2013 the SAPS offices visited me asking what happened to the case and I explained everything to them and the told me to be free and now this criminal records haunts me. I’m third year student teacher and I’m arrived that I won’t be able to get a job due to my criminal background and last week I applied for Police Clearance Certificate and I was told to want for 4 to 6 weeks and what steps should I take if the certificate come back stating that I have a criminal record?
Good day Tshidiso. Thank you for your enquiry. We are able to assist. If your Police Clearance comes back stating that you have a record, you need to get some kind of official documentation (either a copy of the front of the docket) or a letter from the station or a court document stating that the case was withdrawn. You can then send this information to our office to assist to set the records straight. with regards to a police clearance – we can also assist with that and the results are much faster – although it is a bit more expensive. we have a special now for the teachers and you can contact us at info@csinvestigate.co.za to find out more.
Good day,
Firstly, Thank GOD i found this blog.
However, I was arrested in 2013 August and went to trail won the case. I did my finger prints clearance for the arrest after a few years and it was all good. But now am just curios to know that do I still need to erase the case or when i did my clearance everything got deleted? because am job searching now.
Siphelele – if you did a Police Clearance and there was no record recorded then it means that you were not found guilty of a criminal offence in SA. However – we still need to make sure especially if you are job hunting – when we submit your fingerprints electronically that the case is not “pending” at the SAPS. Contact our office: info@csinvestigate.co.za to make arrangements.
if you were found not guilty you should not have a criminal record. Please refer to the answer that I gave Mat – because you are in a similar situation.
Hi, I was Accused of common assault and I did not go to court because the charges were dropped, why is the finger print clearance results says “awaiting trial”? I went back to the same police station regarding that but they said there is nothing they can help me with, what do you think I should do?
Hi Amelia
How long does this process takes
Good day – the expungement process is a long one and can take up to 8 months to be finalized
Hi Amelia. Can you assist with expungement for an offence that that took place in 1991? The charge was for possession of marijuana. If i provide you with my finger prints via Imprint and a certified copy of my ID, how much will you charge to process an application for expungement on my behalf?
Good day, yes we are able to assist with expungement on your behalf. Please refer to the expungement page on our website for all the details. I hope to hear from you soon.
Good day Amelia,
i was found quilting of Fraud and was dismissed at work, it has been over 13 Year with no any incidence , i am applying for an new job , and they require finger print background check, will there still be an record on the system and what do i do if it still show and this new company picks it up
Natalaie – based on the information you supplied – there probably will be a record against your name. You can however apply for expungement of your criminal record. Contact our office: info@csinvestigate.co.za for more information – or go read up on our website.
In March 2017, I hosted a friend for r some drinks at my place from about 3pm to 7pm. I decided I wanted the sleep early so I drove my friend to his place. On my way back, I was stopped at a road block and my alcohol breath was over the limit. I was detained in the JMPD Quantam until it was full. We were taken to the nearest police station. Blood samples were taken, fingerprints taken and I paid R1000 bail. I was given a court date for September 2017. I went to court and the blood results were not ready so it was postponed to February 2018. In February 2018, the blood results were available and the alcohol volume was below the limit. My case was withdrawn. I collected my bail money and left. In January 2019, I applied for various jobs and recruiters interviewed me and never came back to me after I had signed a criminal background check consent form. Out of curiosity, I went to SAPS to check my record. Alas, my case was still pending. The detective in charge of my case had not updated the system so all background checks had illicit activity detected and it explains why I was never hired. SAPS updated their system in February and they gave me a printout. I submitted my fingerprints for a police clearance and paid for my own background check from LexisNexis. SAPS report : no convictions against my name. LexisNexis : no illicit activity detected. No criminal record. Lesson 1: Don’t drink and drive . 2. Never assume that a withdrawn case is closed or updated in the SAPS system. Withdrawn cases do not show on your background check from my experience.
Thank you for sharing your story – yes never assume that anyone is doing their work – I am glad you got to the root of the problem.
My name is Portia 2014 I was arrested for shoplifting the meal meal that cost R65. The case was withdrew. 2017 I apply for Census they took me out of training they said I have a criminal records. I went to police station they print the copy for me that says not guilty. Can you pls help me what to do.
Portia – we have to submit your fingerprints first in order to see what the records states. thereafter we can help you to update the information on the system much like with the case of Mat who has the same problem
how long does it take if the fingerprints to be updated so that you wont be having a criminal record
Good day – it should not take longer than 20 working days – but i will still submit my fingerprints to make sure that the system was updated if i was you. Please always – when you go to court or SAPS ensure that you get official documentation to serve as proof that the case was withdrawn.
I was arrested 11 months ago for shoplifting. Regardless of the actual events surrounding what happened, the police were called, they took me in my own car to the police station (one policeman drove my car) the other the van. The one driving me suggested I stop and draw money I may need for bail- he stopped at a garage for me to withdraw his suggested amount of R1500-00. I did not entertain what I believe was the opening for a bribe(with days I wish I had offered the money). I was taken to the PS locked in a cell for hours, brought out to do paperwork, then told no stamp was available to take the prints, put back in the cell, verbally insulted by the police walking past. Anyway they got an ink pad, took my fingerprints. A lawyer assisted me and I was given bail of R500-00 (I’m certain I got a receipt) and told to appear 48hours later at the said court. I was there all day with representation but my name did not appear on the list outside the courtroom (oddly there was a young boy arrested for possession of drugs and his name also wasn’t on the list). We stayed for the better part of the day awaiting my name which never appeared. I went home upon instruction of the lawyer and to date have not heard anything. I have to get a PCC for job purposes BUT I am not sure what will show up now as I did not appear in court and also was told that sometimes lawyers just sign admission of guilt on behalf of clients- does this actually happen? Is that even allowed? I don’t know at all if that’s the case as she didn’t tell me she did or did not. I am living on tender hooks very worried about this and the impact this will have on my future. Over and above this I’m terrified to go to a PS to enquire in case the whole thing is resurfaced. I have no knowledge of this is pending (if so does that mean I can still be called back to court a year later) awaiting trial (even though I never even set foot in a courtroom) or what the lawyer may have arranged. She’s no longer avail at the details I have as she was my first stop for assistance. All I want is a clean record and PCC. What can you advise? I live with such worry each day of my life.
Good day Michelle – I am so sorry to hear about the bad experience that you had. You can apply for a Police Clearance for job purposes by submitting your fingerprints electronically. We can assist you with that. There is no way that the fact that you apply can have a negative influence or anything – you will just be clear on what the status is and be able to do something about it. if you want to proceed – please send a mail to info@csinvestigate.co.za in order to make arrangements.
Hi Amelia. my record was exspunged does that mean if i apply for a visa to go to america that they would not pickup that i had a criminal record.
Good day Robert – thank you for your question. When you apply for a VISA you will need a Police Clearance Certificate that will be Clear with no record if you expunged your criminal record. I am however not sure if they ask the question if you were ever arrested before – but if they do – I am of the opinion that you should be honest about it and explain that it was a minor offence that were pardoned.
Good day
As a juivanial i was arrested parents payed an admission of guilt i later realized this and applied for the record to be expunged, I recieved the confirmation, however a few years ago a friend of mine was arrested for drunk driving using my car i took the keys as they where arresting him, i then also got arrested for refusing to hand over my keys to the officer, he said something like refusing to co-operate, i then called a lawyer who assisted to get bail, we went to court and the case was withdrawn and I was told to collect the bail money
Please advise if both these incidents would appear on my name as records, I did one of these free checks online and strange it showed a comment a lady called me and said this meant there was something on my name and needed to pay an amount to get my prints checked please advise
Good day – I am not sure which online checks you are referring to – but I can tell you that in order to ensure that there is no convictions against your name – or even an “outstanding case” – meaning your case was withdrawn and the systems were not updated – you will have to submit your fingerprints. If you want to do that – please send a mail to info@csinvestigate.co.za – there is a cost involved and the results is available within 4 to 48 hours (Police Clearance Report). If the information was not updated on the SAPS system – you will need to submit official documentation to proof that the case was withdrawn for the SAPS to rectify the information. I hope this helps…
Hi Amelia
I was convicted in 2012 and in 2014 I successfully appealed both the conviction and sentence however the matter was sent back to the convicting court for me to be introduce new evidence. Can I apply for the removal of the criminal record based on the appeal decision or will the relevant department await the pending matter?
Regards
Hello Amelia I was detained for business Robbery case and my fingerprints were taken and I managed to get bail,so I attended the case 3 times and after that the case was transferred to regional court but not even once the case was called apon and when I asked the prosecutor she told me to speak with my investigating officer of which I did and he set me another date but still the case wasn’t called and now there is no next date of appearance,it’s been a year now …so I just want to know what steps should I take cause according to my lawyer there is no case if there is no next appearance date ,so is it possible to clear my fingerprints? cause the case is still waiting for trial.
Hello Amelia I was arrested for business Robbery and I got bail and I attended the case only 3 times but now when the case was referred to regional court I was called apon and I spoke to the prosecutor and she told me to speak with my investigating officer of which I did and he set me another date but still I wasn’t called apon ,so now there is no next date of appearance and it’s been a year so I am not whether it’s possible to clear my fingerprints because they were taken.
Thanks
Vee – we should also probably need to take your fingerprints to get a clear view of what the status is. contact me on: info@csinvestigate.co.za to make an appointment.
Hello Amelia
i have employed a youngster who has been going to court for attempt theft and assault. The state has since upped the offence to attempted murder. He returns to court next month. I have taken an interest in the case as i will need to know if i must replace him if he is sentenced.
my question to you is … He as a 16 year was sent to NICRO to be a program for assault. Do SAPS still keep this on file as will be held as supporting evidence from the state to prosecute him ?
thanking you in advance
Jonathan
Good day Jonathan – my apologies but I am not sure on what their procedures are.
Hi. My brother was involved in fight and went to court but he was found not guilty. He found a job but then the day he was suppose to sign the contract, they told him that he needed to clear his finger prints as he has been arrested though he was found not guilty. He went to the police station to clear it but they said it will take 3 to 4 weeks for it to be cleared and the company needed people to start working immediately. It breaks my heart that he is suffering even though he was found not guilty. I feel like it’s not fair
Good day – if I understand correctly he needed to get a Police Clearance Report – we can assist him within 4 hours.
Hi Amelia
Thank you for the service you are providing with this chat …I got a question for you more than 14 years ago i was arrested in front of a nightclub with a drink in my hand , not by the police but by a security company , I went into police station , took fingerprints and stayed the weekend until court , in court the judge asked me to plead guilty i said no , then I had a lawyer when i appeared again the case was dropped as the witnesses and the security officers did not show , I went for a criminal check for a really good job recently still awaiting result , they used the afis system , will there be a record?
Thank you
Good day James, technically you should not have a record – but it sometimes happens that the system is not updated accordingly and then the result comes back as a “pending” or “case awaiting trial” …if that happens let me know – but as I said it should come back “clear”
Thank you Amelia
It’s just concerning that we have to rely on others doing their job competently…
If there is an awaiting trial.. Are you able to assist? I have absolutely no documentation of this case at all.. Also cannot remember the lawyer who represented me.. I must have been 18 years old then
Thank you
Thank you Amelia
It’s just concerning that we have to rely on others doing their job competently…
If there is an awaiting trial.. Are you able to assist? I have absolutely no documentation of this case at all.. Also cannot remember the lawyer who represented me.. I must have been 18 years old then
Thank you
Yes it is a sad situation – but luckily we can assist. Let us hope that your case is finalized. If not – please let me know: info@csinvestigate.co.za