Criminal Records in South Africa: The Real Impact of Not Disclosing Your History to Employers

Criminal Records: The Real Impact of Not Disclosing Your History to Employers

Written by: Mel Muller (Managing Director at Kontak Recruitment)

The Truth About the Impact of a Criminal Record on Employment

A criminal offence is always a serious matter, regardless of how long ago it occurred or how minor it may seem. Any conviction recorded with the South African Police Service (SAPS) becomes part of a permanent criminal record, and this information is revealed during background screening. Modern recruitment processes rely  heavily on vetting, which means that no criminal record simply "disappears" over time or slips through the system.

Despite the seriousness of any offence, having a criminal record does not automatically disqualify someone from employment in South Africa. Many employers are willing to consider candidates with past convictions, especially when time has passed, rehabilitation is evident, the offence was considered minor, and the candidate is honest during screening. The far greater problem, and the issue that employers respond most severely to, is non-disclosure. When a job seeker conceals their criminal history, it signals dishonesty and breaks the trust needed between an employer and employee.

Full and honest disclosure allows employers to assess risk fairly, consider context, and evaluate whether a candidate's past is relevant to the role. Hiding information, however, almost always leads to negative outcomes.

How Criminal Records Are Viewed In South African Recruitment

Employers and recruitment agencies assess criminal records based on relevance, risk, and integrity. A 12-year-old drunken driving conviction, for example, may not affect a candidate applying for an office-based administration role. However, dishonesty during screening will almost certainly disqualify the same candidate.

South African labour law supports an employer's right to conduct criminal checks, provided the candidate gives POPIA-compliant consent. The law does not prevent companies from hiring someone with a criminal record, but it does allow them to refuse employment based on the nature of the offence or the risk it poses.

When dishonesty enters the process, employers often take immediate action because misrepresentation undermines the foundation of the employment relationship and does so even before it has officially started.

Why Non-Disclosure is Often Treated More Harshly Than the Offence

When a candidate hides a criminal record, the issue becomes much bigger than the conviction itself (depending on the seriousness of the offence). Non-disclosure is a form of misrepresentation, and misrepresentation is classified as serious misconduct under South African labour law. Employers may withdraw a job offer or terminate employment if they feel that the candidate lied or withheld crucial information.

It is important to understand that credibility and trustworthiness are central to employment. Employers need to rely on their staff to be honest and responsible. Even when an offence is old and unrelated to the job, the act of hiding it tells the employer that the individual may not be reliable in future situations that require honesty.

Offences Employers May Overlook - and Those They Rarely Do

It is a common misconception that all criminal records lead to automatic rejection. While every offence is serious, employers do distinguish between lower-risk and high-risk convictions.

Some employers may overlook older convictions such as historic driving offences, isolated incidents of minor drug possession, old petty theft charges, or low-severity common assault matters, particularly when the candidate demonstrates responsible behaviour and transparency during recruitment. These offences do not necessarily indicate ongoing danger or dishonesty, especially if significant time has passed.

However, certain categories of offences are far more difficult to overlook. Crimes involving fraud, forgery, corruption, violent behaviour, robbery, sexual offences, child-related offences, and cybercrime are generally viewed as high-risk because they relate directly to trust, safety, and liability. These types of convictions often prevent employment in sensitive sectors such as finance, education and healthcare.

Even so, the decisive factor in most cases is not simply the offence, it is the combination of the nature of the offence, the time that has passed, the type of job, the references obtained from previous employers, and the candidate's honesty. 

Industries Where Criminal Records Are Taken Most Seriously

Some professional and white-collar environments have strict legal and compliance standards that require thorough vetting. In finance and accounting roles, for example, any offence involving dishonesty is extremely difficult to overlook. In roles involving access to sensitive information, such as HR, payroll, IT, administration, data handling, or managerial duties, employers place high importance on trust and confidentiality.

In education and training environments, offences involving violence or child-related matters are completely disqualifying under legal and ethical standards. In IT, cybersecurity, and digital-data roles, crimes involving hacking, fraud, dishonesty, or data misuse raise significant concerns. In client-facing and sales environments, offences involving dishonesty or fraud are treated very seriously because they directly affect credibility and client trust.

What Happens When You Falsely Tick ''No Criminal Record'' on a Recruitment Agency POPIA Form.

When a candidate indicates ''No Criminal Record'' on a recruitment agency's POPIA consent form despite having a record, the consequences can be severe and immediate. This action is viewed as intentional misrepresentation, because the form forms part of the official recruitment documentation submitted to the client. Once the agency conducts a background check, which the candidate has already authorised through the signature on the POPIA form, the discrepancy is exposed. This almost always results in the agency withdrawing representation, terminating the screening process, and notifying the employer that the candidate was dishonest during vetting.

From a legal standpoint, the agency is entitled to remove the candidate from all current and future opportunities, as dishonesty breaches both POPIA-consent conditions and the ethical duty of truthful disclosure. For the employer, misrepresentation at the application stage is sufficient grounds to immediately withdraw a job offer or terminate employment during probation. In effect, the offence itself may have been overlooked,  but the dishonesty of ticking or indicating ''No Record'' rarely is. Misrepresentation of this kind damages credibility, erodes trust, and becomes a permanent red flag on the candidate's professional reputation.

Expungement: When a Criminal Record Can Be Removed

South African law provides a legal pathway for certain individuals to have eligible criminal convictions expunged, meaning they are removed from the SAPS database entirely. Expungement allows candidates to present a clean record during future vetting processes, but only once the process is formally completed.

Who Qualifies for Expungement?

A conviction may be eligible for expungement if:

• 10 years have passed since the conviction

• The offence was minor or non-violent

• No prison sentence without the option of a fine was imposed

• All fines and court requirements have been met

• The individual has not reoffended

Offences That Cannot Be Expunged

The following categories are not eligible for expungement:

• Sexual offences

• Child-related offences

• Serious violent crimes

• Human trafficking

• Serious fraud or corruption

• Offences under specific schedules of legislation

How to Apply for Expungement

The process includes:

1. Requesting a SAPS Police Clearance Certificate

2. Completing an expungement application (FORM J138)

3. Submitting to the Department of Justice for review

4. Receiving official approval

5. Obtaining an updated police clearance reflecting removal of the record

Once expunged, the individual may legally state they have no criminal record.

Final Thoughts on Criminal Record Disclosure in South Africa

Navigating employment with a criminal record can be challenging, but honesty remains the most powerful tool a candidate has. While criminal offences are serious and must be treated as such, a past conviction does not automatically end someone's career prospects, dishonesty does. Employers are far more willing to consider candidates who are transparent, responsible, and proactive about their past than those who attempt to hide it. By disclosing truthfully, understanding the expungement process, and applying for roles suited to one's circumstances, job seekers can rebuild trust and access meaningful opportunities. A criminal record may be part of someone's history, but it does not have to define their future when handled with integrity and openness.

Disclaimer: This article provides general information and does not constitute legal advice. Employers and employees should seek professional labour-law guidance for their specific circumstances.