Hi there I just like to find out I was c...

Asked by Donovan on 16-04-2020 21:46:07
Question posted in the Criminal Law category relating to Gauteng

Hi there 

I just like to find out I was charged for cubable homicide in 2001. I accidentally short my friend and still regret it till this day. I was eventually charge and given 5 years suspended sentence. This case had lots of twists and turns, and alot of confusion for me the investigation offerser and the Judge.I was with a police friend of mine Colonel Williams and one day we and couple of friends took our finger prints,with a divice that they call morvate  touch. To my surprise it said I have a warrant of arrest, I was shocked with disbelive. We were all shocked and I was told to go to the police station and find out what to do. They told me I have a warrant of arrest for not attending court, I was shocked again.The case was for cubable homicide of( 2001 ) .I reported it and was told to get the investigation offerser of this case, which I did but he was so confused and did not know what I was talking about. I explained to him and he told me he was new on this case and he never really investigated it. The offerser that handle my case passed on a couple of years back. He asked me if no one contacted me about this case, and I told him the last time I spoke to someone was 2007 and went to court and I thought my case was finished. So I ask him why do you have a warrant for me for not attending court when my address is the same all this years,he told me he don't know but the must have been a mix up. I was charged again (2013) and appear in court, lucky for me it was the Same Judge of all this years but he was also confused is to why this case never finished. The Judge ask for forgiveness because of the long dragging of this case and we finished it in just two weeks. Like I said I was given 5years suspended  sentence .I now like to apply for a criminal clearance certificate but was told I must wait 10 years. Is this true and if so why, is this not to harsh for something that happened 19 years ago (2001) when I was 21 years old and I am now 41 years old (2020).Do I have a good chance to apply now for it with the reasons I give now, I mean this happened 19 years ago. 

Answer to the Question

Posted by Att. Patrick on 17-04-2020 14:52:42

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.

You can apply for the criminal clearance certificate whenever you want, but it will show all of your convictions on it. 

You can only apply for the expungement of a conviction 10 years after you were found guilty. So, if you were found guilty in 2013, then you must wait until 2023 to apply for the expungement.

Only after that will your clearance certificate be clear.

Att. Patrick

Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.

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