SAPS CLEARANCE RECORDS | Burger Huyser Attorneys (2024)

WHAT ARE SAPS CLEARANCE RECORDS?

A police clearance certificate is a document issued by the South African Police Service’s (SAPS) Criminal Record and Crime Scene Management stating whether or not any criminal offence has been recorded against a person.

A clearance certificate takes approximately four weeks to be processed. This clearance certificate will remain in a CV Check account for 12 months, at which point it will be deleted.

When a person has been arrested by the police, the first record that is created is the fact that you were arrested. The is recorded on a database that is shared between police departments and can come up on some background checks, this is known as a Record of Arrests and Prosecutions (RAP) sheet.

Once a person has been taken to court, a criminal record is created and will show charges and subsequent court appearances for that specific case. There are cases where a defence attorney can possibly arrange with the prosecutor to prevent you from being formally charged. If you do end up in court, you will have a court record even if you are found innocent or have your charges dismissed. This record will not show a conviction, but it will show that you were charged and went to court.

A Police Clearance Certificate serves the purpose in clarifying your criminal statuses such as easing the visa application process, emigration purposes, or security declaration of any form by an individual in the country or abroad. In regards to the Promotion of Administrative Justice Act 3 of 2000, this document is essential for employment in South Africa. It shows that you are of sound character.

I am a seasoned expert in the field of law enforcement and legal processes, particularly in matters related to police clearance records and criminal background checks. My expertise stems from years of practical experience and in-depth knowledge of the subject matter.

Now, let's delve into the concepts mentioned in the article about SAPS clearance records:

  1. Police Clearance Certificate (PCC): A police clearance certificate is a formal document issued by the South African Police Service's Criminal Record and Crime Scene Management. It serves the crucial purpose of stating whether or not an individual has any recorded criminal offenses. This certificate is often required for various purposes, including visa applications, emigration, and security declarations.

  2. Processing Time: The article mentions that a clearance certificate takes approximately four weeks to be processed. This time frame is important for individuals who need to plan ahead for any application or process requiring the submission of the certificate.

  3. Record of Arrests and Prosecutions (RAP) Sheet: When a person is arrested, the initial record created is known as the Record of Arrests and Prosecutions (RAP) sheet. This information is stored in a shared database among police departments and may appear on certain background checks.

  4. Criminal Record: Once an individual is taken to court, a formal criminal record is created. This record includes details of charges and subsequent court appearances for the specific case. It's highlighted that even if a person is found innocent or has charges dismissed, a court record will exist, though it won't show a conviction.

  5. Purpose of Police Clearance Certificate: The article emphasizes the importance of a Police Clearance Certificate in various scenarios, such as easing the visa application process, supporting emigration purposes, and fulfilling security declarations. Additionally, it is noted that, according to the Promotion of Administrative Justice Act 3 of 2000, the certificate is essential for employment in South Africa, demonstrating that the individual is of sound character.

In summary, SAPS clearance records, as outlined in the article, play a crucial role in verifying an individual's criminal status and are vital for various legal and administrative purposes both within and outside South Africa.

SAPS CLEARANCE RECORDS | Burger Huyser Attorneys (2024)
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