The South African Police Service (SAPS) keeps records of criminal activities. Government agencies, employers, and individuals have access to these records. A criminal record check is also required in international travel, job applications, visa applications, professional license registration, etc., which helps the authorities and organization evaluate potential risks. In this passage, we are going to introduce how to check if you have a criminal record.
What Is a Criminal Record
A criminal record is a documented report of whether a person has ever been involved in any illegal activities. If yes, details of offenses committed will be displayed, including dates, charges, and convictions or sentences. Please note that even if the cases are pending, dismissed, or withdrawn, it is still put on record. These records are important in law enforcement, public safety, employment screening, immigration, and travel. They are classified into convictions and non-convictions. The former indicates that an individual has been found guilty and sentenced in a court of law. The latter refers to the condition that a person was arrested or charged and awaiting trial.
Who Has Access to Criminal Records
Those with criminal records might be discriminated or restricted in social affairs, such as employment, traveling, housing, and personal relationships. Therefore, criminal records are private matters and protected by the laws. According to the Criminal Procedure Act and the Promotion of Access to Information Act in South Africa, criminal record check should only be done by authorized individuals, enterprises, and government agencies, which aims to ensure it is properly used and keep it safe from tampering. The records can be cleared after a few years of conviction as the person requested.
Criminal Record Vs. Police Clearance Certificate
In terms of how to check if you have a criminal record in South Africa, both the Criminal Record Check (CRC) and the Police Clearance Certificate (PCC) will help. They serve the same purpose to demonstrate a person’s criminal history, but they are not the same thing.
- Application Methods
Applicants can have a free online criminal record check with ID number in South Africa, whereas the PCC must be applied in person. The certificate is an official document while no formal certificate is issued along with the CRC.
- Processing Time
It takes a few weeks to a few months to receive the police clearance certificate while the criminal record check takes a few minutes.
- Validity
The PCC is valid for 6 months. An expired certificate will not be accepted by the authority, so you have to request a new one. However, the criminal record lasts for a longer time.
- Uses
The criminal records are not designed for legal purposes. Due to its longer validity and easy accessibility, it is more suitable for frequent and urgent cases, such as job applications, PSIRA registration, property rental, etc. The police clearance certificate, as an official document, is recognized internationally for visa applications or immigration/emigration.
📢Read Also: SA Police Clearance Certificate Application & Status Check
How to Apply for Police Clearance Certificate
A police clearance certificate is needed to check criminal records and it should be applied offline in person through the following instructions.
Prepare Required Documents
You must prove your identity and payment through the information and documents below.
- Fingerprints on the SAPS 91(a) enquiry form or other official forms of the applicable country
- A completed application form (available on the official website of SAPS). Sign the form in front of the officer when visiting the police station.
- A certified copy of a valid identity document, such as a smart ID card or passport.
- A certified copy of marriage certificate or other proof of maiden surname and/or other surnames (if applicable).
- Proof of payment. Each certificate costs R180,00 and it can be paid in cash at the police station or electronically to ABSA cheque account number 4054522787; branch code 632005; Swift code ABSAZAJJXXX with remarks of “PCC”, your initials and surname.
Visit the Nearest Police Station
Bring the required documents to a nearby SAPS station in South Africa. If you are in a foreign country, you should visit the local police station or the South African Embassy. The officer will scan and digitalize your ink fingerprints on the form. Scanned copies or photocopies of the fingerprints will not be accepted.
Wait for the Result
After receiving your applications, SAPS will have a comprehensive background check and issue the PCC once cleared. You can check the application status online or through SMS. After the certificate is ready, you should collect it within 3 months at the police station you apply from or by post. Otherwise, it will be destroyed. Please note that applicants identified as “Wanted” will not receive the document.
How to Check Criminal Record Online with ID Number
AFIS refers to the Automated Fingerprint Identification System. AFISwitch is a web-based platform interfacing with the South African Police Service AFIS. It conducts saps criminal record check online by performing fingerprint clearances in the fingerprint database of known closed and pending cases. With the name and ID number of the applicant, individuals, corporate and private enterprises can conduct criminal record check through the following steps.
- Visit the AFISwitch website.
- Register on the website and complete your profile. If you have any questions, click on the “Contact US” button.
- Read and accept the Terms and Conditions.
- Pay the criminal record check fees online.
How Does AFISwitch Work
Besides criminal record check online, AFISwitch can also verify an individual’s identity based on fingerprints and capture digital fingerprints. Let’s see how it works.
- A service provider registers on Afiswitch and provides a workstation to register applicants who want to perform the check.
- The authorized and registered service provider signs on to an Afiswitch workstation with a user ID and matching finger.
- Capture fingerprints and personal data of the applicant online or offline through an Afiswitch workstation and fingerprint reader.
- Upload the data to Afiswitch through the workstation.
- Afiswitch transmits the fingerprints to the SAPS AFIS for identification.
- SAPS AFIS returns a Match or Not-Match result to Afiswitch.
- Afiswitch informs the service provider of “Possible illicit activity identified” or “No illicit activity identified”.
- If the result shows “No illicit activity identified”, the service provider can provide a report to the applicant immediately.
- If the result is “Possible illicit activity identified”, the service provider should do a further search and generate a report with details of the criminal records.
Understanding AFISwitch Criminal Record Results
There are 3 types of results depending on whether you are involved in any criminal activities and case status. Properly understanding the results helps authorities and employers learn about the background of an individual.
- Clear Record
The applicant does not have criminal convictions or has been involved in illegal activities.
- Criminal Convictions
The applicant has ever been involved in illegal activities and convicted of a crime.
- Pending Cases
The applicant is involved in pending cases and is awaiting trials.
How to Remove or Expunge Criminal Record
Criminal records might bother your work and life. Is it possible to delete the records of convicted offenses? Yes, but you have to satisfy the expungement requirements.
Eligibility for Expungement
- It has been at least 10 years since the date of conviction.
- You are not convicted of any crime or imprisoned without the option of a fine during these 10 years.
- You were sentenced to corporal punishment.
- The sentence was put off, or you were cautioned and discharged.
- You were fined no more than R20,000.
- You were sentenced to imprisonment but opted to pay a fine (up to R20,000) rather than serving prison terms.
- You were given a given a suspended prison sentence.
- You were sentenced to correctional supervision in terms of section 276(1)(h) of the Criminal Procedure Act, 1977.
- You were sentenced to imprisonment in terms of section 276(1)(i) of the Criminal Procedure Act, 1977.
- You were sentenced to periodical imprisonment in terms of section 276(1)(c) of the Criminal Procedure Act, 1977.
- You can prove that your name has been unlisted from the National Register of Sex Offenders or the National Child Protection Register (if any).
Process of Expungement
- Obtain a certified copy of criminal record, such as a police clearance certificate or criminal record check.
- Prepare for your application, including details about the conviction(s) you wish to remove, proof of eligibility to clear the record(s), proof of identity, and payment receipt.
- Submit the application to the Department of Justice and Constitutional Development.
- Receive notification of the date and location for a hearing held by a judge and attend the hearing as scheduled.
- Receive the result of whether the criminal record is cleared.
How Much Does a Criminal Record Check Cost
Each application for the police clearance certificate costs R180,00. When it comes to the cost of criminal record check online, it varies according to the service providers in different states. There is a list of registered service providers on the AFISwitch website and their contact information. Please choose a suitable one and contact it for detailed information.
How Long Does a Criminal Record Check Take
The processing time depends on the result. AFISwitch provides a report of criminal records withi n a few minutes if there is no criminal history or pending cases. However, it will take extra 3-4 weeks to generate the report if the result is negative.
FAQ
Q: Does PostNet do criminal record checks?
A: Yes. Some PostNet stores cooperate with certified service providers to check criminal records, such as HURU and In Touch Solutions.
Q: Does your criminal record clear after 5 years in South Africa?
A: No. You can request an expungement only when it has been at least 10 years after the conviction.
Q: How much does it cost to do a CRC at PostNet?
A: It depends on the services. It costs R280 for standard services, R330 for premium services, and R480 for priority services.
Summary
A criminal record check indicates a person’s involvement in criminal activities. When it comes to how to check if you have a criminal record, you can file a request in person at a police station or through AFISwitch portal. If you need an official document for legal purposes, please apply for a Police Clearance Certificate and it should be applied a few months in advance. If you need the records for frequent and common uses, AFISwitch criminal record check online will be a better alternative.
Erin Lo