Navigating the impact of a criminal record on employment and opportunities: a comprehensive guide
Do you have a criminal record? Do you understand what it means for important aspects of your life – education, employment, housing, and other opportunities? A criminal record is a serious matter, but it is not the end of the world. There are steps you can take to manage its impact and move forward with your life.
A criminal record – what it means
A criminal record is more than just a legal formality. It’s a shadow that can follow you throughout your life, affecting your employment prospects, among other things. In South Africa, employers have the right to conduct background checks, and a criminal record can significantly influence their hiring decision. Landlords can be particularly discriminatory against prospective tenants with a criminal record, especially in a crowded housing market. Beyond the legal implications, there’s a social stigma attached to having been convicted of an offence. Despite having served their time, individuals often face bias and discrimination in the job market. This can lead to a cycle of unemployment and, in some cases, reoffending.
Success stories: hope amidst challenges
Despite these hurdles, there are numerous stories of individuals who have gone on to enjoy successful careers despite having a criminal record. From transformational tales of those who moved from being prisoners to educators, to personal stories of people who pursued a career in law after serving time, these cases highlight that a criminal record is not an insurmountable barrier. It can present challenges in business and the professions, but with determination, support, and a commitment to rehabilitation, individuals with criminal records can find success in a variety of fields. Many former prisoners go on to work with young people in vulnerable situations, often returning to the communities they themselves grew up in, helping the youth set goals, acquire life skills, and ensure they do not go down a path of offending. Others take up roles within the NGOs that helped them in their rehabilitation, passing the support and love onto others with similar needs. Some start businesses based on skills gained in prison, such as coding.
Kenyatta’s story
You might find the story of Kenyatta inspiring. Kenyatta was sentenced to life in prison for an offence involving drugs and armed robbery when he was 22. In prison he got involved with an entrepreneurship programme for inmates. Kenyatta was inspired to launch an education programme that teaches inmates to code. Because there was no internet connection in prison, he created an offline platform that simulates a live coding experience. Once inmates graduate, they’re invited to join a web development agency that gives individuals the opportunity to earn a professional wage when they have served their time. Kenyatta now helps train large companies to hire and retain employees who have gone through the criminal justice system. He is committed to creating work opportunities for those ready for a second chance.
The path to a new career will not be easy and you may make a few false starts along the way, but your criminal conviction does not have to define the rest of your life.
Understanding your rights
As an individual with a criminal record in South Africa, it’s important to know your rights. These can often be complex and depend on the nature of the crime committed and the circumstances surrounding your conviction. However, a basic understanding can empower you and provide clarity on your path forward.
- Right to non-discrimination: While a criminal record can affect your employment prospects, employers should not discriminate against you solely based on your past. The Employment Equity Act prohibits unfair discrimination on the grounds of past criminal convictions where the person has not been convicted again within a period of one year.
- Right to apply for expungement: After a certain period (typically 10 years) has elapsed and assuming you have not re-offended, you have the right to apply for the expungement of your criminal record. Expungement effectively “erases” your record, making it much easier to seek employment or housing without the stigma of a criminal past.
- Right to fair treatment: You are entitled to fair treatment and protection under the law, regardless of your criminal record. You should never be subjected to harassment or victimisation because of your past.
- Right to privacy: Your criminal record is private, and can only be disclosed by certain agencies for certain purposes. Employers must get your consent to perform a background check.
- Right to rehabilitation and re-integration: The South African Constitution, the Correctional Services Act, and other laws and policies all recognise the right of offenders to access rehabilitative services and to be re-integrated into the community after serving their sentence.
- Right to legal representation: If you’re facing any legal issues or concerns related to your criminal record, you have the right to consult with a legal professional or request legal aid services if you cannot afford a lawyer.
Remember, these are general guidelines and the specifics of your rights may vary depending on your individual circumstances. This section is intended to provide a general overview of the rights of individuals with criminal records in South Africa. It should not be taken as legal advice. For specific legal advice, please consult with a qualified attorney.
A step-by-step plan
Navigating the consequences of a criminal record is a complex process, but with the right attitude and relevant support, you can reduce its influence on your future prospects. The journey involves a number of steps:
- Understand your record. Know the specifics of your criminal record, as this information may be required by educational institutions, potential employers or immigration authorities. Some countries may deny a visa to an applicant with a criminal record, and this may vary according to the offence committed.
- Seek legal advice. Consult with a legal professional to understand your rights and responsibilities, and to understand how your criminal record may impact your career and potential to travel abroad for work.
- Reach out to support networks. Contact organisations that provide services to individuals with criminal records, such as the Department of Employment and Labour and NICRO, a non-profit organisation that specialises in offender rehabilitation. They can provide resources, guidance, and support.
- Disclose your record when necessary. Disclose your criminal record to educational institutions, potential employers, landlords, or immigration authorities. Be honest, but also explain the circumstances and tell them what you’ve learned from the experience. They will conduct background checks and learn your history whether you tell them or not, and being honest and transparent will make a better impression. If you let them find your record via the background check, they may wonder what else you are hiding.
- Stay focused on your education or career. Discrimination and rejection can be frustrating and demoralising. Know what you want to achieve and keep your goal in mind when you feel overwhelmed. It will help keep you motivated.
- Explore different industries. Some industries are more open to hiring individuals with a criminal record than others. If you gained new skills in prison or on a re-entry course, find out where those skills are in demand. Many skills are used in multiple industries, and some industries have greater skills shortages than others.
- Consider options like record expungement. This is subject to a number of conditions. Ten years must have passed since your conviction and/or other criteria apply. If you are newly released from prison this is not an option. But understand the process to ensure you are eligible when the time comes.
Each step is crucial and requires careful consideration and action.
Guidance and support is available
The impact of a criminal record on employment is profound and far-reaching. However, it’s not a life sentence. With the right guidance and support, you can meet the challenge head-on and find meaningful employment.
At Simon Dippenaar & Associates, we understand the complexities of life with a criminal record. Our team of experienced attorneys is committed to providing comprehensive legal support to professionals, students and first-time offenders in South Africa who find themselves in need of criminal defence. If you are a foreign national, you may be particularly bewildered and concerned about your options. We will help you understand how your criminal record may impact your ability to work in South Africa, return home, or travel to other countries.
Whatever your status or background, we offer expert legal advice, a personalised approach, advocacy, a network of resources, and a proven track record of success. We’ll provide peace of mind, improved opportunities, and the help and encouragement you need to overcome the obstacles presented by a criminal record and make a positive contribution to society.
Contact us
Don’t let a criminal record define your future. Contact Simon Dippenaar & Associates today to start your journey towards a brighter future. Give Simon a call on 086 099 5146 or email simon@sdlaw.co.za.