SA Will Spent Convictions Appear Again After New Offense?

[RFT60]

Early this year, I went to the SA Magistrates Court and applied to have all my old shoplifting and other minor convictions from about between 17 and 30 years ago spent. Apparently, they don't just drop off your record after 10 years in SA. You need to apply to the magistrates court.

Anyway I went through the process, went to court and all were spent. A nice fresh clean start for me.

Then in March this year, I screwed up and got tempted when a couple of items didn't scan at the shops. Disgusting of me not to go back I know and I'm ashamed of myself.

Anyway, the police turned up to question me on the weekend and I admitted it.

My question is, when I go to court for this, will all my now spent convictions reappear on my criminal record because of this? Do I have to disclose that I have shoplift before even though it was many many years ago and the convictions are spent?

I'm so distressed about this. Disgusted with myself.

 

[Adam1user]

Hi,

I will give you bad news as this is my understanding, hopefully someone will correct me if I'm wrong. Even though the convictions will not show in a criminal record, they will appear with the police report. It will not be deleted.

I am not sure if they can use them in court for the new offences. This is my understanding: the convictions will not ever be deleted in the police records, but it will be limited when it is used.

I think the objective is to provide the police with the full history for a person, so the issue will be, is that the convictions that were spent, could be used again or not.

As I mentioned, this is my understanding and I'm sure someone will correct me if I'm wrong.

 

[RFT60]

Thanks Adam. So when I apply for a new police clearance for employment purposes all my old convictions will now be there again?

 

[Adam1user]

Thanks Adam. So when I apply for a new police clearance for employment purposes all my old convictions will now be there again?

I am not in SA but based on what you wrote, if the old convictions were spent, then they may not be shown on the criminal record, but I don't know this process especially in SA. what you can do is call a police station and ask to speak to a legal rep, they will be able to provide an answer or find a lawyer. I wrote based on my understanding from talking to people, that may not be correct also, you know how some people just bs.

 

[RFT60]

I am not in SA but based on what you wrote, if the old convictions were spent, then they may not be shown on the criminal record, but I don't know this process especially in SA. what you can do is call a police station and ask to speak to a legal rep, they will be able to provide an answer or find a lawyer. I wrote based on my understanding from talking to people, that may not be correct also, you know how some people just bs.[/QUOTE

 

[RFT60]

Thanks so much. I will. I'm very ashamed about this.