If a criminal case against you in South Africa was dismissed, you may be wondering whether it still affects your criminal record. Here’s what you need to know.
What Does “Case Dismissed” Mean?
When a case is dismissed, it generally means:
- Charges were dropped, or
- The case was withdrawn before trial, or
- You were found not guilty in court
In all these scenarios, there is no conviction, which is the key factor in determining whether a criminal record exists.
Do You Have a Criminal Record After a Case Is Dismissed?
Legally, no. A dismissed case in South Africa does not create a criminal record. This is because a criminal record only reflects convictions—not arrests or charges that were later dropped.
No conviction = No criminal record
But Can It Still Show Up on Background Checks?
Yes, in some cases, even a dismissed case can still appear in:
- SAPS background checks
- Police clearance certificates
- Employment screenings, especially in sensitive sectors (security, finance, law enforcement)
This is because:
- The arrest or initial laying of charges may still be logged, even if the case never went to court
- Certain vetting processes include arrest history, not just convictions
How to Check Your Criminal Record in South Africa
If you’re unsure whether you have a criminal record or if a dismissed case still appears in official databases, the best step is to request a Police Clearance Certificate from SAPS.
How to Apply for a Police Clearance Certificate
- Visit your nearest police station
- Bring your original ID book or Smart ID card
- Submit fingerprints (taken at the station)
- Pay the required processing fee
- Wait for processing (can take a few weeks)
You can also apply through the SAPS website for more details or contact your local station.
Final Thoughts
- A dismissed case does not result in a criminal record
- However, the arrest or charge might still be visible in some background checks
- The only way to be 100% certain is to get an official SAPS clearance certificate