Caught in the spider’s web: The collateral consequences of the criminal record on higher education, professional registration, and employment opportunities

Abstract

Abstract Although significant research has already been conducted on the intricacies of the criminal record in South Africa and internationally, literature points to a disjuncture between research and policy, especially around topics relating to access to higher education (HE) and admission to professional registration councils by formerly incarcerated students (FIS) with a criminal record. This qualitative case study incorporated a discourse analysis approach to determine the tone of 23 policy documents. In addition, twelve participants were purposefully sampled to share their lived experiences regarding the regulation and reintegration of FIS when applying for admission to HE and professional registration councils and potential employment upon completion of their studies. The findings indicate that the construction of legal documents and application forms allows higher education institutions and professional registration councils to access students' personal data, such as their criminal records. This leads to implementing measures that exclude certain individuals, which in turn obstructs the effective social reintegration of formerly incarcerated individuals into the workforce. The study recommends the implementation of a South African research-based HE policy aimed at addressing the systemic injustices that regulate the simultaneous admission and rejection of FIS when applying to access HE and admission to professional registration councils. Keywords: higher education, professional registration councils, criminal record checks, offender reintegration, South Africa.

Keywords: {'name': 'Higher education, professional registration councils, criminal record checks, offender reintegration, South Africa.'}

Authors & affiliations

Mbongiseni Mdakane
Affiliation not supplied

Bongani Nkambule
Affiliation not supplied

Sindile Ngubane
Affiliation not supplied

Deposited references

Supplied references, not a list of publications citing this article.

DOI: 10.1080/21528586.2016.1233510

DOI: 10.1191/1478088706qp063oa

Creswell, J. W. (2005). Educational research: Planning, conducting and evaluating qualitative and quantitative research. Upper Saddle River: Merril.

Cerda-Jara, M, David J. Harding, D. & The Underground Scholars Research Cohort.

(2024). Criminal record stigma in the labor market for college graduates: A mixed

DOI: 10.15195/v11.a2

de la Cruz, C., D, Luís J.,F, ; Ignacio F. (2022). Ethical decision-making: from practice to theory. Ramon Llull Journal of Applied Ethics, 1(13), 287-326. https://doi.org/10.34810/rljaev1n13id398702

Dlamini, N. M. (2016). A scarlet letter: The reintegration of ex-offenders into the South African labour market (Masters Dissertation, University of Witwatersrand, Johannesburg, South Africa). Retrieved from http://hdl.handle.net/10539/21839

DOI: 10.1016/j.socscimed.2014.10.044

DOI: 10.1177/0306624X07307783

DOI: 10.1017/S0020859012000429

Jay, J. (2013). Higher education and reentry: The gifts they bring. Prisoner reentry institute. Retrieved from http://johnjayresearch.org/pri/files/2013/11/Higher-Education-in-Reentry.pdf on 08/08/2017

DOI: 10.1177/1477370816675375

DOI: 10.30958/ajl.2-3-4

Love, M. & Schlussel, D. (2020). Pathways to Reintegration: Criminal Record Reforms in 2019. National Inventory of Collateral Consequences of Conviction.

Mabowa, M. (2022). The lived experiences of offenders enrolled in an open distance E-learning (ODEL) University: A career counselling perspective in Johannesburg correctional centre, Masters Dissertation, University of South Africa, Pretoria.

DOI: 10.21203/rs.3.rs-403116/v1

DOI: 10.4314/ldd.v21i1.2

DOI: 10.1177/1358229114554735

DOI: 10.1093/slr/hmu022

O’Leary, Z., & Hunt, J. (2017). The essential guide to doing your research project. In O’Leary, Z. (Ed). Secondary data: Existing data, online generated data and previous studies (3rd ed.) (pp. 266-291). Sage Publications: London.

Onuferova, M. (2016). The effect of criminal record on employment prospects: A field experiment, Doctoral thesis, Prague University of Economics and Business.

Public Service Commission. (2009). Management of job applicants with a criminal record in the public service. Published in the Republic of South Africa.

DOI: 10.1177/0032885506293251

Saliba, M. A. (2012). Beyond prison walls: The role of a criminal record check in balancing risk management and reintegration through employment. Is there a critical role for society in the reintegration of ex-offenders? Doctoral Thesis, School of Global, Urban and Social Studies, Australia. Retrieved from http://researchbank.rmit.edu.au/view/rmit:160273/Saliba.pdf

DOI: 10.4314/pelj.v17i4.09

DOI: 10.1111/1745-9125.12228

DOI: 10.2991/aebmr.k.210318.026

Zand-Kurtovic, E., G. (2017). The impact of having a criminal record on young adults’ position in the labour market. Doctoral thesis, Universiteit Utrecht, Nederlands.