How a Criminal Record Affects Employment in South Africa

For many South Africans, the greatest consequence of a criminal record is not the sentence itself, but what follows long after. Employment remains one of the areas most affected, often in ways that are invisible, unexplained, and deeply frustrating.

Job applications go unanswered. Interviews end abruptly. Opportunities disappear without explanation. In many cases, a criminal record is the silent factor.

This article unpacks how criminal records impact employment in South Africa, what employers are legally allowed to ask, and why expungement plays a critical role in restoring access to work.

Why Employers Check Criminal Records

Employers increasingly rely on background checks to manage risk, particularly in roles involving:

• Trust and access to money or sensitive information

• Children, elderly persons, or vulnerable communities

• Security, logistics, or regulated industries

• Professional registration or licensing

A police clearance certificate is often requested during the hiring process, sometimes upfront and sometimes only once a candidate is shortlisted. While this is lawful in many contexts, it creates a major barrier for individuals with past convictions, even where the offence was minor or occurred many years ago.

The Reality Behind “We Will Get Back to You”

South African labour law does not require employers to explain why an applicant was unsuccessful. As a result, candidates are rarely told that a criminal record was the reason for rejection.

This lack of transparency leads many people to repeatedly apply for work without realising that a record is quietly undermining their chances. Over time, this can affect confidence, financial stability, and long-term career prospects.

Are Employers Allowed to Discriminate?

Employers may not unfairly discriminate, but they are allowed to consider criminal records where there is a legitimate connection between the offence and the role.

The challenge is that this assessment is often broad and conservative. A conviction unrelated to the job may still raise concerns for an employer who wishes to avoid risk altogether.

In practice, this means that even old or minor offences can have disproportionate consequences.

How Long Does a Criminal Record Affect Employment?

Contrary to popular belief, criminal records do not automatically fall away after a certain number of years.

Unless a record is formally expunged:

• It can continue to appear on police clearance certificates

• It may be disclosed during background checks

• It can affect future job applications indefinitely

Many individuals assume time alone will resolve the issue, only to discover years later that the record remains active.

Expungement and Employment Opportunities

For those who qualify, criminal record expungement can significantly change employment outcomes.

Once a record is expunged:

• It no longer appears on standard police clearance certificates

• Applicants are not required to disclose the expunged offence

• Employers conducting routine checks will not see the record

This does not guarantee employment, but it removes a major structural barrier that prevents fair consideration.

The Hidden Cost of Inaction

Remaining unemployed or underemployed due to a criminal record has broader consequences. It affects families, communities, and economic participation. In many cases, individuals want to work, have the skills to do so, but are blocked by a past mistake that the law already allows to be cleared.

Understanding eligibility and taking action can be the difference between ongoing exclusion and meaningful reintegration.

Moving Forward With Accurate Information

Not every criminal record can be expunged, and not every situation is the same. What matters most is verification rather than assumption.

Employment should be based on present ability, not permanent punishment. Where the law provides a remedy, it exists to be used responsibly and correctly.

For many South Africans, clearing a qualifying criminal record is not about avoiding accountability. It is about restoring access to opportunity.