Question:
in 2017 September I have been convicted of traffic offence by driving above speed limit on a high way;
– no accident, death, recklessness was incurred
– no influence under alcohol or something
– I had a passenger who got sick and we had to rush to hospital
– I went to court and admit guilt
– I then had to pay R4000 fine and sentenced suspended for 5 years
– Now this is appearing on my criminal record
– I am a first offender of any crime
– I got my driver licence in 2007, and this was first under emergency situation which I stated in court
– Now this appear on my criminal record which is not good for my employment prospect since i am currently unemployed
– I was never given an option of referral to your programme, i also wonder if I qualify for such a programme
Please assist if there is anything i can do now. maybe appealing at court or something, only if possible
Kind regards
Answer:
The rehabilitation programs will only be introduced once the AARTO Amendment bill has been signed into law.
The Criminal Procedure system has a diversion program for youths and in certain instances first offenders.
I do not know how old you are or what the procedure in court was, but unfortunately, a criminal record stands once you have been convicted.
There is a section dealing with expungement of records but only after `10 years.
271B. Expungement of certain criminal records.—(1) (a) Where a court has imposed any of the following sentences on a person convicted of an offence, the criminal record of that person, containing the conviction and sentence in question, must, subject to paragraph (b) and subsection (2) and section 271D, on the person’s written application, be expunged after a period of 10 years has elapsed after the date of conviction for that offence, unless during that period the person in question has been convicted of an offence and has been sentenced to a period of imprisonment without the option of a fine:
(i) A sentence postponing the passing of sentence in terms of section 297 (1) (a) where that person was discharged in terms of section 297 (2), without the passing of sentence, or where that person was not called upon to appear before the court in terms of section 297 (3);
(ii) a sentence discharging that person with a caution or reprimand in terms of section 297 (1) (c);
(iii) a sentence in the form of a fine only, not exceeding R20 000;
(iv) a sentence of corporal punishment before corporal punishment was declared to be unconstitutional as a sentencing option;
(v) any sentence of imprisonment with the option of a fine, not exceeding R20 000;
(vi) any sentence of imprisonment which was suspended wholly;
(vii) a sentence of correctional supervision, referred to in section 276 (1) (h) or (i); or
(viii) a sentence of periodical imprisonment, referred to in section 276 (1) (c).
(b) A person—
(i) who has been convicted of a sexual offence against a child or a person who is mentally disabled and whose name has been included in the National Register for Sex Offenders, as provided for in section 50 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007); or
(ii) whose name has been included in the National Child Protection Register as a result of a conviction for an offence, as provided for in section 120 (1) (b) of the Children’s Act, 2005 (Act No. 38 of 2005),
does not qualify to have the criminal record in question expunged in terms of this section, unless his or her name has been removed from the National Register of Sex Offenders, as provided for in section 51 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, or section 128 of the Children’s Act, 2005, as the case may be.
(2) The Director-General: Justice and Constitutional Development must, on receipt of the written application of a person referred to in subsection (1), issue a certificate of expungement, directing that the criminal record of that person be expunged, if the Director-General is satisfied that the person applying for expungement complies with the criteria set out in subsection (1).
(3) The Director-General: Justice and Constitutional Development must submit every certificate of expungement that has been issued as provided for in subsection (2) to the head of the Criminal Record Centre of the South African Police Service, to be dealt with in accordance with section 271D.
[S. 271B inserted by s. 3 of Act No. 65 of 2008.]
Diversion Programmes and Road Safety – What is a referral for “Diversion” and why is it Important? https://t.co/04xaxyI0jj #ArriveAlive @NICRO_ pic.twitter.com/lHbeda3dEn
— Arrive Alive (@_ArriveAlive) June 18, 2018