If the applicant was over the age of 18 at the time of the offence, a conviction will be filtered 11 years after the date of the conviction, and a caution will be filtered 6 years after the date of the caution, provided that the applicant did not go to prison, did not commit any other offense, and the offence was not violent or sexual in nature. If these conditions are met, the conviction will be removed from the public record.
In some cases, depending on the crime committed, convictions may remain on the database for longer periods of time. For example, if an individual was convicted of murder or manslaughter they would most likely still have their record checked when they apply for a job or license. In addition, if an individual was convicted of an offense under the Children's Code, those convictions will also remain on the database for as long as the child is alive. When individuals check into a facility such as a prison or detention center, their records are also disclosed by default.
Individuals can apply to have their records removed from the Criminal Records Checker website. To do this, individuals must complete a Removal Application Form, which can be found by clicking "Apply for Removal" on the homepage. The form requires information about the conviction, as well as some personal details about the applicant.
Once an application has been submitted, a member of the staff will review it and decide whether or not to grant approval. If approval is granted, the record will be removed from the site.
Check out the DBS's list of crimes that will never be filtered from a DBS check for a complete list. Cautions have a two-year filtering term for individuals under the age of 18 and a six-year filtering period for those above the age of 18. Convictions have a filtering term of 5.5 years for individuals under the age of 18 and 11 years for those above the age of 18.
If you have been convicted of a crime that is not on the no filter list, that means your DBS conviction will remain on your record for at least five-and-a-half years. If you have been convicted of an offense that is on the no filter list, then your DBS conviction will remain on your record for at least eleven years.
Once your DBS has expired, you can apply for a new one. However, if your background check reveals other criminal offenses that would prevent you from getting a license, you cannot renew your DBS. For example, if you are denied a license because of a felony drug charge, you cannot renew your DBS until the conclusion of your sentence. In this case, you need to apply for a new license once you are able to do so.
It is important to remember that even after your DBS has expired, it does not mean that you are free to drive safely. There are several factors other than past convictions that may affect whether or not you can get a license, such as age, experience, education, and fitness to drive.
Except for jail terms of more than 30 months (2 1/2 years), all cautions and convictions are ultimately expended. In most cases, after a caution or conviction has been expunged under the Act, the ex-offender is not required to reveal or admit its existence. However, this privilege may be withdrawn by certain organizations or individuals who can show that they are at risk because of the nature of their employment or position.
In order to remain eligible for many jobs, it is necessary to disclose previous convictions on application forms. Some employers also ask about cautions in interviews or when making hiring decisions. If an employer finds out about a caution or conviction after you have started work, you may be asked to leave.
Cautions and convictions can also affect your ability to obtain loans from some banks and building societies. There will also be some jobs for which you cannot apply because of your record. The important thing is that you know what occupations are affected by your record and do not apply for jobs that would put you in such situations again.
Once a conviction has been expunged, it can never be reinstated. However, if you are convicted of another crime, that conviction may have an impact on your rights to appeal or to have your plea set aside. For example, if you were found guilty but mentally ill at trial, that could be taken into account in deciding whether to grant you bail while you prepare an appeal.
Cautions can linger on a person's criminal record for two years if they are under the age of 18. If an adult criminal is cautioned, the caution can remain on a DBS certificate for up to six years. The warning letter and caution display on a driver's license remains for life.
People can remove a caution by applying for a Certificate of Rehabilitation. This action removes the conviction from a person's record. Certificates are issued by the court that heard the case and are reviewed by the Department of Motor Vehicles before they are added to a person's record.
To apply for a Certificate of Rehabilitation, someone must first go to court and request a hearing. The judge will consider the application and may grant or deny it. If granted, the person will not have a criminal record anymore and the caution will be removed from their DBS certificate.
People can also ask their employer not to report their conviction to licensing agencies. Employers use DBS information to make hiring decisions and may not hire someone if they find out about a criminal record through this process.
Lastly, people can apply to have the conviction dismissed. This can be done by asking the prosecutor to withdraw the charge at any time. There are cases where charges have been withdrawn at trial, after an acquittal, or after several years had passed.
Since the date of the conviction for the offense, ten years had elapsed. Therefore, his criminal record would be removed from consideration.
To remove all criminal records, including an expired one, you need to apply to the National Credit Regulator (NCR). You can do this at any credit registry office or by visiting www.creditregistry.co.za. Enroll on the NCR's Online Criminal Records Check system at www.ncrimrecords.gov.za/check.html.
You will need your ID card to enroll. If you don't have an ID card, you can order one through the NCR. Payment has to be made by bank draft or standing order. The enrollment fee is $10 and the check deposit fee is $5.
After successful registration, you will receive an email confirmation. This is valid for one year. After this period, you will need to register again with a new ID card if you want to keep your criminal records off your profile.