MBOMBELA – You obtain a criminal record upon conviction of a charge in a criminal court, in terms of a properly conducted trial.
A person is normally under the impression that they will have a criminal record if they pay an admission of guilt fine. The judgement of S v Madhinda is of interest to everyone who has ever paid an admission of guilt fine.
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In the matter the accused paid an admission of guilt fine, in terms of Section 57(1) of the Criminal Procedure Act, 51 of 1977(CPA), for trivial offences. The court found that the conviction of the accused in terms of section 57(6) of the Criminal Procedure Act, 1977 was not a conviction as envisioned by section 271 of the Act.
It was found that an entry into the admission of guilt record book by the clerk of the criminal court is not a conviction, which has the effect of being permanent on your record.
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If you have a criminal record you may apply to have you record expunged. You can apply for expungement of your criminal record in terms of the Criminal Procedure Act, 1977. It is a procedure whereby an individual can apply to the Director-General: Department of Justice and Constitutional Development, for the removal of your record from the National Criminal Register.
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The following are some of the criteria which must be met in order to be considered for expungement:
- A 10-year interval has passed between the date of the conviction of your offence and the application for expungement, with no subsequent convictions.
- The sentence was an option of paying a fine of less than R20 000.
- You were sentenced for minor crimes such as shoplifting.
- When it was indicated that paying a fine would not result in a criminal record and you have since discovered its existence on the national register.
- The sentence of imprisonment was wholly suspended or you were released on a warning.
- The sentence was a correctional supervision in terms of section 276(1)(h) of the CPA Act.
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The removal of your criminal record will allow you to carry on with your life without the record being an impediment to new employment opportunities.
