How to Get a Job With a Criminal Record in South Africa – Know Your Rights (2026)
A criminal record can feel like a permanent label, especially when you are trying to find work. But here is the truth: a criminal record does not automatically bar you from employment in South Africa . Employers cannot simply reject every applicant with a record. The law requires that decisions be fair, rational, and directly relevant to the job .
In 2024, the Labour Court made this clear in the landmark case of O’Connor v LexisNexis, ruling that refusing to employ someone solely because of a criminal history—without assessing whether it is relevant to the job—constitutes unfair discrimination under the Employment Equity Act .
This guide explains your rights, how employers must assess criminal records, what to disclose, and how the expungement process works in South Africa.
What the Law Says – Your Rights
A Criminal Record Is Not an Automatic Barrier
Under South African law, a criminal record does not automatically disqualify someone from a job. Responsible employers assess the nature of the offence, its relevance to the role, the time elapsed, and any evidence of rehabilitation . Blanket bans on hiring anyone with a record are increasingly uncommon and, in some places, unlawful .
Employers Must Assess Relevance
Employers may ask about criminal records during recruitment, but the enquiry must be relevant to the inherent requirements of the job . For example:
A conviction for fraud may be relevant for a financial management position.
A decades-old minor offence may not be relevant to a warehouse position .
The O’Connor v LexisNexis Judgment (2024)
This case changed the landscape for job seekers with criminal records .
The facts:
Mr O'Connor was offered a job as a Senior Data Discovery and Enrichment Expert. He disclosed a 20-year-old conviction that had been expunged. The employer withdrew the offer after a background check revealed his criminal history.
The Labour Court found:
Refusing to employ someone solely because of a criminal record—without assessing relevance—constitutes unfair discrimination under Section 6 of the Employment Equity Act .
Criminal history is an "arbitrary ground" of discrimination .
The job was remote, did not involve handling money, and did not require access to confidential data—so the conviction was not relevant .
The outcome: LexisNexis was ordered to employ Mr O'Connor .
The Employment Equity Act (EEA)
Section 6 of the EEA prohibits unfair discrimination on listed grounds and "any other arbitrary ground." A criminal record can be considered an arbitrary ground if the employer's decision lacks rational justification .
Employers must substantively consider whether a criminal record is relevant to the inherent requirements of the job .
The Code of Good Practice
The Department of Employment and Labour's Code of Good Practice states that employers should only conduct criminal checks if relevant to the inherent requirements of the job . Employers should not collect personal data regarding criminal convictions except in exceptional circumstances where such information is directly relevant to an employment decision .
What Employers Can and Cannot Do
Can Employers Ask About Criminal Records?
Yes, but the enquiry must be relevant to the job .
Can an Employer Refuse to Hire Someone With a Record?
Yes, but only if the conviction is directly relevant to the inherent requirements of the job and the decision is fair . Automatic refusal without proper assessment may amount to unfair discrimination .
Can a Job Offer Be Withdrawn?
Yes, if the offer was conditional on a clear criminal check and the conviction is relevant . However, the employer must give the applicant an opportunity to explain and consider rehabilitation evidence .
What About POPIA?
Employers must comply with the Protection of Personal Information Act when collecting and processing criminal record information. Informed consent must be obtained before conducting background checks .
What About Expunged Records?
The O’Connor judgment confirmed that an expunged conviction does not mean it "never happened" for contractual purposes. The employer was entitled to consider it when the offer was conditional on a clear criminal check . However, once expunged, the record is removed from the SAPS database and generally does not need to be disclosed in most employment contexts .
What You Should Disclose
Be honest when asked directly. If an employer specifically asks about criminal records, answer honestly. Failure to disclose a relevant conviction may be considered dishonesty—which can be grounds for dismissal, particularly in positions of trust .
Context matters. A minor offence from many years ago may not be relevant to the job. Disclose it and explain the circumstances .
Expunged records. Once a record is lawfully expunged, it generally does not need to be disclosed in most employment contexts . However, for professional admissions (like legal practice), the duty of candour may still require disclosure .
If not asked, do you need to volunteer? No. If an employer does not ask about criminal records, you are not automatically obliged to volunteer information unless it directly affects your ability to perform the job .
For professional roles (law, finance, education). Disclose early and fully. Attempting to hide a record is often treated more seriously than the offence itself .
How Expungement Works
What Is Expungement?
Expungement is a legal process that removes a criminal record from the SAPS Criminal Record Centre database . Once expunged, the record is permanently removed and you can legally state that you have no criminal record when asked .
Who Qualifies?
You can apply for expungement when:
10 years have passed since the date of conviction
You have not been convicted and sentenced to imprisonment without the option of a fine during those 10 years
The sentence was:
Corporal punishment
Postponed or cautioned and discharged
A fine not exceeding R20,000
Imprisonment with the option to pay a fine (not more than R20,000)
Suspended imprisonment (wholly)
Correctional supervision
Periodical imprisonment
How to Apply
Obtain a police clearance certificate from SAPS to confirm your convictions .
Complete Form J744 (Form A) and submit it to the Department of Justice in Pretoria .
Include:
Certified copy of ID
Full set of fingerprints on a SAPS 91(a) form
Proof of payment (R190 fee)
Postal address:
The Head: Criminal Record and Crime Scene Management (For attention: Police Clearance Certificates)
South African Police Service
Private Bag X308
PRETORIA
South Africa
0001
Physical address:
The Head: Criminal Record and Crime Scene Management
South African Police Service
Bothongo Plaza West
CRC Client Service Centre
1st Floor, Room 14
271 Francis Baard Street
PRETORIA
Processing can take around three months once all documents are submitted .
What Expungement Does Not Do
The O’Connor judgment clarified that expungement does not mean the conviction "never happened" for all purposes . For contractual conditional offers, employers may still consider the underlying conviction . However, once expunged, the record is removed from the national database and generally does not need to be disclosed .
Steps to Get a Job With a Criminal Record
Step 1: Know Your Rights
Understand that a criminal record is not an automatic barrier. Employers must assess relevance .
Step 2: Check Your Record
Request a police clearance certificate to know exactly what is on your record .
Step 3: Consider Expungement
If you qualify, apply for expungement. This can remove the record from the national database .
Step 4: Be Honest When Asked
If an application form asks about criminal records, answer honestly .
Step 5: Explain the Circumstances
If you disclose a conviction, provide context:
What happened?
How long ago was it?
What have you done since?
Provide evidence of rehabilitation (references, stable employment, community involvement) .
Step 6: Target the Right Roles
Focus on jobs where your conviction is not directly relevant. For example:
Fraud/ Theft – avoid finance, cash handling, or trust account roles
Drug offences – avoid healthcare or childcare roles
Minor offences – most other roles may be open to you
Step 7: Prepare for the Interview
If asked about your record:
Be calm and honest
Take responsibility
Explain what you have learned
Provide evidence of rehabilitation
Tips for Job Seekers
Research the employer. Some companies have blanket policies. Look for those that consider candidates fairly .
Gather rehabilitation evidence. References, stable employment history, community involvement, and completion of any programmes all help .
Know the relevance rule. If your conviction is not relevant to the job, you have a strong case .
Consider professional help. If you are unsure about expungement or your rights, consult a labour lawyer .
Check the National Register for Sex Offenders. If your name is on this list, expungement may not be possible until removed .
Apply for expungement early. The process takes approximately three months .
When a Criminal Record May Legitimately Disqualify You
There are clear situations when a criminal record may legitimately bar employment:
Roles involving children or vulnerable adults: Convictions for child-related offences are disqualifying .
Fiduciary or financial roles: Fraud or theft convictions may be relevant .
Regulated industries: Aviation, healthcare, security, and finance often require clean records .
Positions requiring security clearance: Government and national security roles have strict requirements .
Common Mistakes to Avoid
❌ Lying about your record. Dishonesty is often treated more seriously than the offence itself .
❌ Not checking your record first. You need to know what employers will find .
❌ Applying for roles where your conviction is clearly relevant. For example, a fraud conviction for a banking job .
❌ Not providing context or evidence of rehabilitation. Employers need to know you have changed .
❌ Giving up. You have legal rights. Use them .
⚠️ Scam Warning – Protect Yourself
Fake expungement services exist on WhatsApp, Facebook, and Telegram.
Red flags:
🚩 Someone promises to "erase" your record immediately – expungement takes months
🚩 They ask for your banking password – never share this
🚩 They charge exorbitant fees – official expungement fees are R190
🚩 The contact is only on WhatsApp with no official website
Protect yourself:
Only use accredited SAPS agencies or the Department of Justice website
Verify the company before sharing personal documents
FAQ: Jobs With Criminal Record in South Africa
Q: Can an employer refuse to hire me because of a criminal record?
A: Yes, but only if the conviction is relevant to the inherent requirements of the job and the decision is fair . Automatic rejection without assessment may be unfair discrimination .
Q: Is it legal for employers to conduct criminal background checks?
A: Yes, provided consent is obtained and POPIA requirements are met .
Q: Can I be dismissed for not disclosing a criminal record?
A: If you were directly asked and failed to disclose a relevant conviction, dismissal may be justified depending on the circumstances .
Q: Do I have to disclose an expunged criminal record?
A: Generally, once a record is lawfully expunged, it does not need to be disclosed in most employment contexts . However, for professional admissions, the duty of candour may still require disclosure .
Q: What is the O'Connor v LexisNexis case?
A: A 2024 Labour Court case ruling that refusing to employ someone solely because of a criminal record—without assessing job relevance—is unfair discrimination .
Q: How do I get my criminal record expunged?
A: You can apply if 10 years have passed since conviction and you meet certain conditions . The process is managed by the Department of Justice and costs R190 .
Q: Can pending charges affect my employment?
A: They may, depending on the nature of the job, but employers must act fairly and cautiously .
Q: What if the employer's decision is unfair?
A: You can refer a dispute to the CCMA or the Labour Court. The EEA protects against unfair discrimination .
Q: Does a conviction for a minor offence from 20 years ago still matter?
A: The O'Connor case shows that a 20-year-old conviction may be irrelevant if it does not affect your ability to do the job .
Conclusion
A criminal record does not mean the end of your career. South African law protects you from unfair discrimination. Employers must assess whether a conviction is directly relevant to the job. If they do not, their decision may be unlawful.
If you have a record:
Check what is on it.
Apply for expungement if you qualify.
Be honest when asked.
Provide evidence of rehabilitation.
Target roles where your conviction is not relevant.
Know your rights. Use them. Your past does not have to define your future.
👉 Browse more job search advice on JoblySA – find guides on application tips, CV writing, and labour rights
👉 Visit the Department of Justice website – www.justice.gov.za for expungement information
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