Removal of Criminal Records

The question of degree of punishment is often subject to much debate both sociologically and in terms of law. At the end of the day the central question revolves around the question of much punishment is enough? If a person has been convicted and sentenced should they carry the additional effects of having a criminal record, such inability to find employment? If we truly believe in rehabilitation does placing that person in a situation where they can’t find employment and accordingly lose the ability to earn an income really afford them the opportunity to rehabilitate?

Putting aside this debate it is common cause that there are methods by which one can get their criminal record cleared. This article will deal with one such method termed Presidential Pardons.

The first element is perhaps the cause of much consternation. There is no requirement that the criminal record be a minor one in terms of the application for such a pardon. This essentially means that people who have committed the most heinous of crimes can ostensibly be pardoned.

The applicant must however strongly motivate as to why their record should be cleared, once the president’s office has reviewed the application they use their discretion in either granting or denying same.

The oddity that is apparent here is that this is an example where there is an overlap between the functions of the Executive and the powers of the Judiciary. This is yet another source of controversy in that it seems strange that a branch of the executive who has little to no legal qualification or experience has such a wide power in relation to what is ostensibly a juridical matter.

This is further highlighted by fact that the Constitution of South Africa has an entrenched concept of the separation of powers which is simply the idea that each branch of the government acts as a counter balance to the other branches of government. It is further there to ensure that the various branches cannot influence the others decisions and thereby ensuring fairness and transparency.

The morality and jurisprudential concerns aside, presidential pardons are a useful avenue for people to clear their criminal record.


For more information on Criminal Record checks please contact us on http:www//niselowlaw.co.za