Johannesburg - The fact that job applicants who have committed minor crimes in their youth can now apply for expungements of those crimes has been welcomed.
Quest recruitment agency's Kay Vittee said on Tuesday that there was already a broad consensus that applicants with convictions for crimes such as drunk driving, which occurred a decade or more ago, should not have that criminal record held against them.
"Generally, employers take into account minor offences when considering someone for employment.
"For example, if a candidate had a drunk driving charge at the age of 18, 10 years ago, and has since proved to be an upstanding citizen in every way, this charge will carry little weight when considering the individual for a job."
It could therefore be said that employers had been operating in the spirit of the legislation for some time, she said.
Shane Meintjies of background screening company IdentiRisk SA said any prospective job seeker who had committed a non-violent or non-sex related crime more than 10 years ago was eligible and should use the opportunity to improve their chances of finding employment.
Amelia Griesel, managing director of Pretoria-based CSI Africa, a private forensic investigations company, said that the Criminal Procedure Amendment Act, which was promulgated by Parliament a while ago, gave citizens the option of having their criminal records expunged, provided they were not sex crimes, murder, rape, armed robbery or assault with the intention to do grievous bodily harm.
"Large numbers of people lose out on jobs when the employer does a criminal record check only to discover that the applicant has a criminal record."
Nine times out of 10, the potential employer did not bother to check whether the criminal record was of a serious nature or not.
"The mere fact that the applicant has a record is usually enough reason to disqualify him or her," Griesel added.
Most agencies use an online fingerprint system to check for criminal records, as this is the most accurate measure available.
It produces results - usually within 48 hours - that confirm "possible illicit activity" or "no illicit activity".
If a "possible illicit activity" report is received, most prospective employers are not willing to wait for the full report from the SA Police Service (SAPS) giving details of the crime and the sentence involved.
"It can take between three weeks and three months for the full report from SAPS."
Helping thousandsGriesel said CSI Africa had been inundated with requests by individuals with criminal records to have them expunged.
"The overwhelming majority of these criminal records relate to crimes that qualify to be expunged."
ANC MP John Jeffrey, who served in the National Assembly's justice committee when the Act was passed, said expungement would help the many thousands whose criminal records had hindered their efforts to secure employment.
Jeffrey added that the bill would also apply to people convicted on a suspended sentence and/or a fine not exceeding R2 000. However, the criminal record would only be expunged after 10 years had lapsed, he said.
He stressed that the legislation excluded individuals who were on the Sexual Offences Register or convicted for illegally being in possession of a firearm.