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CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1290
Experience:  BCom; LLB; Masters in Law
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I paid an admission of guilt fine at the police station. It

Customer Question

I paid an admission of guilt fine at the police station. It now reflects as a criminal record.I cannot get a job now . What can I do?
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: Please give me a bit more information, so we can help you best.
Customer: I was arrested for a packet with drugs in it. I was also arrested a few years later for riotous behaviour. On all the occasions I was advised to pay an admission of guilt fine but no policeman explained what it really meant or how it will affect me. I am now desperate and struggles to get a job
JA: OK. The Lawyer will need to help you with this. Is there anything else the Lawyer should be aware of?
Customer: Only that I have 3 admission of guilt fines against me and that it is listed on my criminal record. Is it not unconstitutional to do this as people are so desperate to be released that they do not question the police when they tell you to pay the fine?
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.
Submitted: 8 months ago.
Category: South Africa Law
Expert:  CaseLaw replied 8 months ago.

Hi there and thank you for your question,

I will try to assist you with your legal question but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

Unfortunately that is exactly what happens. If you pay an admission of guilt fine you will end up with a criminal record as you are essentially admitting your guilt. You don't need to go to court to defend the matter, and you don't need to take your chances with the Magistrate sending you to jail. You simply pay the fine and carry on.

Unfortunately the police won't explain to you that you will end up with a criminal record which might affect your job in the future. They don't care about that, and neither does the prosecutor.

This is the type of thing that an attorney WILL advise you on, and I always tell my clients the advantages and disadvantages of paying an admission of guilt fine.

There is nothing unconstitutional about it either.

You can however apply to have the criminal record expunged (removed from your record) and it is something that I also suggest to clients. Unfortunately you are only entitled to have your criminal record expunged if 10 years has passed from the date of your sentence -- and I don't think that it has been that long for you?

You can do the expungement application yourself, or you can hire an attorney to assist.

Read more info here: http://www.justice.gov.za/forms/form_expungement.html

Download and complete the correct form for your circumstances, you will also need to request a police clearance certificate, (www.dfa.gov.za/consular/policeclear.htm) and then forward all of the documents to the department of justice. It should take a few months, but then it's done!

Otherwise to answer your question, Is it not unconstitutional to do this as people are so desperate to be released that they do not question the police when they tell you to pay the fine? --> No, unfortunately not.

If my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - dont just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,

CaseLaw

Expert:  CaseLaw replied 8 months ago.

Hi there again,

I see that you've read my answer and I hope that you understood the answer and that it was useful? If you have a further question please ask it, or if you need clarity on the answer please let me know.

If you're happy that I've answered your question, please leave positive feedback for me.

Regards

CaseLaw