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.