Can I Apply for a Learnership or Internship If I Have a Criminal Record?

One of the most common and sensitive questions young South Africans ask is:

“Can I still apply for a learnership or internship if I have a criminal record?”

The short answer is yes – in many cases, you can.
However, the full answer depends on the type of offence, how long ago it occurred, whether it has been expunged, and the nature of the opportunity you are applying for.

This article outlines your rights, clarifies what employers look at, and shows practical steps you can take to improve your chances.

Understanding What a “Criminal Record” Means

A criminal record exists when a person has been convicted by a court of law and the conviction has been officially recorded.

Important distinctions:

Arrested ≠ convicted (an arrest alone is not a criminal record)
Pending cases are different from final convictions
Minor offences are treated very differently from serious crimes

Many applicants assume any police interaction disqualifies them — this is not true.

Are Learnerships and Internships Open to People With Criminal Records?

In South Africa, there is no blanket law that says people with criminal records may not apply for learnerships or internships.

Most programmes are governed by:

Labour law
SETA funding rules
Internal employer policies

This means:

Some opportunities allow applicants with records
Some roles require clear checks due to the nature of the work

Each programme must be assessed case by case.

When a Criminal Record May Affect Your Application

A criminal record may be a barrier if the role involves:

Handling money or financial data
Working with children, the elderly, or vulnerable people
Access to secure sites or confidential information
Law enforcement, security, or justice roles

Examples include:

Finance or banking learnerships
Security-related internships
Education or childcare placements
Government posts requiring vetting

Organisations such as South African Police Service or correctional services will usually require strict clearance.

**When a Criminal Record Often Does Not Disqualify You**

Many learnerships and internships do not require police clearance at all, especially in sectors like:

Manufacturing and production
Hospitality and tourism
Retail and customer service
Call centres
Logistics and warehousing
Technical trades
General administration

Most SETA-funded programmes focus on skills development, not punishment.

SETAs such as Services SETA, merSETA, and CETA often work with employers who assess applicants holistically.

The Importance of Police Clearance Checks

Some programmes will request:

A Police Clearance Certificate
A criminal background declaration
Consent for a vetting process

This does not automatically mean rejection.

Employers usually look at:

Type of offence
Severity
How long ago it happened
Your age at the time
Evidence of rehabilitation

What Is Criminal Record Expungement?

South African law allows certain criminal records to be expunged (removed).

You may qualify for expungement if:

The offence was minor
You were sentenced to a fine or correctional supervision
10 years have passed (or 5 years for specific cases)
You did not reoffend during that period

Once expunged:

You may legally say “No” when asked about a criminal record
The offence no longer appears on police clearance checks

Applications are submitted through the Department of Justice and Constitutional Development.

Should You Disclose a Criminal Record?

This is one of the most difficult decisions for applicants.

Best practice:

Do not lie if directly asked
Only disclose what is legally required
Be honest but brief
Focus on growth and responsibility

Many employers value honesty more than a perfect past.

How to Strengthen Your Application

If you have a criminal record, take proactive steps:

Apply widely
Do not self-reject before applying.
Target inclusive sectors
Focus on industries known for skills-based recruitment.
Build a strong CV
Highlight training, volunteering, and short courses.
Get references
A community leader, lecturer, or supervisor can make a big difference.
Explain your growth
If given a chance to explain, show accountability and change.

How Edupstairs Helps You Prepare

At Edupstairs, we don’t just post opportunities—we help you win them.

Recommended Tools:

Common Myths You Should Ignore

Myth: “I will never be employed again.”
Truth: Thousands of South Africans with past convictions complete learnerships every year.

Myth: “SETAs automatically reject people with records.”
Truth: SETAs fund training — employers decide based on role suitability.

Myth: “I must disclose everything upfront.”
Truth: Disclosure depends on the application and legal requirements.

Edupstairs Advice

Your past does not define your future.

Learnerships and internships exist to:

Develop skills
Restore confidence
Create pathways into employment

If you are serious about changing your life, keep applying, stay informed, and use every legal option available to you — including expungement.

At Edupstairs, we consistently see opportunities where skills, attitude, and commitment matter more than history.

Frequently Asked Questions (FAQ)

Can I apply if my case is pending?
Yes, but some employers may wait for finalisation before placement.

Do all learnerships require police clearance?
No. Many do not.

Will expungement guarantee acceptance?
No, but it significantly improves your chances.

Is it illegal to apply with a criminal record?
No. Applying is not illegal.

Our Conclusion

If you are asking this question, it means you want to move forward — and that already puts you on the right path.

Do not disqualify yourself. Apply, prepare, and persist.

You can also:

EDUPSTAIRS IS A REGISTERED NON-PROFIT ORGANISATION NPO No: 232 – 182, PUBLIC BENEFIT ORGANISATION (PBO): 930066984. EDUPSTAIRS DOES NOT, IN ANY WAY OR FORM, SOLICIT MONEY OR CV’S FROM PEOPLE FOR JOBS. PLEASE BE AWARE OF PHONY JOB POSTINGS AND RECRUITMENT FRAUD. FOR MORE INFORMATION VISIT OUR SCAM/FRAUD ALERT PAGE HERE