The consequences of having a criminal record and what to do about it
We all make mistakes. Sometimes we think our actions are acceptable and realise the error of our ways only in hindsight. Other times we make a mistake in the blink of an eye, without thinking through the consequences. You may jump in the car and drive home from a friend’s house after one too many drinks. You don’t give it a thought, until you see the blue light in the rear view mirror. What happens next can stay with you a very long time. What is the impact of having a criminal conviction?
Being convicted of a criminal offence is a life-altering event, and its implications go far beyond the initial sentencing. A criminal record can significantly affect your future prospects, influencing everything from employment and housing opportunities to personal relationships. In this article we investigate the potential fallout from having a criminal record in South Africa.
Employment obstacles
Arguably the most significant consequence of a criminal record is its impact on your job prospects. South African employers are legally authorised to perform background checks on prospective employees, which includes criminal history. A criminal record may cast doubts on your reliability and honesty, leading to lost job opportunities. Moreover, certain careers may be legally off limits if you have a specific type of criminal record.
Potential employers may refuse to consider you for certain positions if a background check reveals your past conduct is in conflict with the nature of those positions. However, this censure can be a double-edged sword, as you can challenge a decision at the CCMA. This can cost employers thousands in administrative and legal fees. If you are a professional, such as an accountant or chartered surveyor, some professional institutions withhold membership rights from individuals with certain criminal convictions.
Finding accommodation
Finding appropriate housing can become a significant challenge if you have a criminal past. Landlords often conduct background checks before approving rental applications. If you are a potential tenant with a criminal record, you may be considered a risk, particularly when there is no shortage of more suitable applicants. You may face persistent rejection of your rental housing applications, even if you can provide proof of affordability and a reference.
International travel and immigration
A criminal record can significantly hamper your ability to travel abroad. Many countries, including popular destinations like the USA and the UK, enforce stringent entry requirements concerning criminal records. In some instances, a criminal history may result in your visa application being denied.
Personal and social repercussions
Beyond these tangible consequences, a criminal record can have severe personal and social repercussions. It can put strain on your personal relationships and affect your social status. The stigma associated with a criminal record can lead to feelings of embarrassment and isolation and may even contribute to mental health issues.
Legal implications
A criminal record can have repercussions in future legal matters. If you face criminal charges in future, a prior record may influence the sentencing outcome. A criminal conviction may impact the schedule of a pending criminal matter, resulting in difficulty in securing bail, although we really hope that a criminal record is sufficient deterrent to re-offending.
A prior conviction may also be a factor in child custody decisions in family law cases. Convictions for more serious offences may mean you are unable to obtain a firearm licence or own a firearm.
Moving on from a conviction
While these consequences may seem daunting, it’s crucial to remember that everyone is entitled to legal representation and the opportunity for rehabilitation. The law isn’t solely about retribution. It also encompasses the concept of second chances. Our team at SD Law is dedicated to helping individuals move past their history and pave the way towards a brighter future. If you’re grappling with the ramifications of a criminal record, give Simon a call on 086 099 5146 or email simon@sdlaw.co.za.