Seeing a “HIT” on your Criminal Record Check can be stressful, but it’s important to remember that it’s not the end of the world.
“HIT” is HURU terminology indicating that your fingerprints have been matched to a set of fingerprints on The SAPS Criminal Record Centre Database. This means that you may have a possible criminal record, but further verification needs to be conducted by The SAPS to determine if and what that conviction is.
There are steps you can take to investigate, address, and, in some cases, even remove the record hit. Whether you’re applying for a job, a volunteer position, knowing how to navigate this situation in South Africa is key.
Step 1: Understand What a “HIT” Means
A “HIT” on your HURU report doesn’t automatically mean that you have a criminal record, or that you’re disqualified from opportunities. It indicates that your fingerprints have been matched to the SAPS Criminal Record Centre Database and there may be a possible criminal record (conviction), or a case awaiting trial. In some cases, there may be no record at all.
After receiving a HIT on your report from HURU, you would need to wait for a second report called a SAPS69 that will indicate if and what records match to your fingerprints.
It is best practice for employers and organisations to review the SAPS69 report and take into account the nature, severity, and relevance of the offense before making decisions.
In South Africa, Criminal Record Checks are conducted through accredited service providers, such as HURU. The results will indicate whether you have any cases awaiting trial or convictions recorded on The SAPS Criminal Record Centre database.
Step 2: Review the Contents of the Criminal Record (SAPS69 Report)
Once you have your SAPS69 Report, it is important to review the data carefully. If you have a query regarding the contents, or believe there is an error, you should:
- Request a copy of your Police Clearance Certificate (PCC) from SAPS.
- Check for outdated, incorrect, or expunged records that may still appear.
- Contact SAPS to clarify discrepancies.
- You can also request more information and clarity from the Criminal Records Centre. If an expungement has been processed, please check this has been captured by the Criminal Records Centre.
If you believe the record is an error, you may need to provide supporting documentation or request a correction through the appropriate channels.
Step 3: Understand Your Options for Remediation
If the record/details on your SAPS69 report is accurate, there are still ways to address it:
- Expungement of a Criminal Record
In South Africa, certain criminal records can be expunged (removed), meaning they will no longer appear on background checks. You may qualify for expungement if:
– At least 10 years have passed since your conviction.
– The offense was minor (e.g., petty theft, public disturbance, etc.).
– You have not been convicted of another offense during that period.
– You were convicted of an offense where a fine of less than R20,000 was imposed.
To apply for expungement, you need to submit an application to the Department of Justice and Constitutional Development.
- Applying for a Presidential Pardon
If you do not qualify for expungement, you may still apply for a Presidential Pardon through the Ministry of Justice. This is a more complex and lengthy process, usually reserved for cases where exceptional circumstances justify the removal of a criminal record.
- Clearance Certificates for Employment Purpose
Some employers may accept additional documents, such as a Police Clearance Certificate with supporting references, to demonstrate that you have rehabilitated and should be considered for employment despite a past conviction.
Step 4: Be Honest and Proactive
If a background check is required for employment, honesty is the best policy.
Many South African employers appreciate candidates who take accountability and demonstrate personal growth. If possible, provide context for the record and highlight any rehabilitation efforts, such as:
– Completion of relevant programs or courses.
– A strong track record of employment or community service.
– Positive character references from reputable sources.
Step 5: Seek Legal Assistance If Necessary
Navigating criminal record checks can be complicated, especially when dealing with potential errors or seeking expungements. If you’re unsure about your legal standing, consulting a lawyer or an organisation that specialises in record clearance can help clarify your rights and the best course of action.
Final Thoughts
A criminal record doesn’t have to define your future. By taking the right steps to verify, correct, or clear your record, you can move forward with confidence. At HURU, we believe in second chances and empowering individuals with the knowledge they need to take control of their background checks.
If you have concerns about your criminal record check, don’t panic – take action. Understanding your options under South African law is the first step toward resolving the issue and ensuring that it doesn’t hold you back from opportunities.
