The Criminal Record as a Death Sentence: Unmasking the Ignored Realities of Formerly Incarcerated University Graduates on Professional Licencing Challenges

Authors

Mbongiseni Mdakane, University of South AfricaFollow
Bongani Innocent Nkambule, University of South AfricaFollow
Sindile Amina Ngubane, University of South AfricaFollow

Author ORCID Identifier

Mbongiseni Mdakane: https://orcid.org/0000-0002-0662-3327

Bongani Innocent Nkambule: https://orcid.org/0000-0001-9022-0960

Sindile Amina Ngubane: https://orcid.org/0000-0003-0998-7828

Keywords

criminal record, stigma, discrimination, professional licensing bodies, South Africa

Abstract

Recently it is increasingly common practice for universities and professional registration councils to probe into applicants’ criminal records as a precondition for admission. Using social constructionism, this qualitative study explored the experiences of six formerly incarcerated individuals previously sentenced to life imprisonment, who hold professional university degrees in Law, Education, Psychology and Social Work and investigated whether having a criminal record had any bearing when applying for professional registration. The results indicate that due to the perceived stigma of, and discrimination against a criminal record, there exist varying degrees of criminal record disclosure ranging from partial, to full and non-disclosure. Furthermore, the results show that, on the one hand, concealment of a criminal record has adverse implications; while disclosure demonstrates the “double-edge sword” nature inherent in disclosing a criminal record and serves to further re-stigmatise and ultimately exclude people with criminal records from gaining admission. The study recommends that professional licensing councils, in collaboration with institutions of higher learning, ought to formulate unambiguous policy guidelines that explicitly outline the conditions that qualify or disqualify the registration of applicants with a criminal record.

Author Bio

Mbongiseni Mdakane is a senior lecturer in Department of Psychology, University of South Africa. He holds a PhD in Psychology from Unisa, and his research interests are incarcerated learning, the pedagogy and psychology of incarceration, social and community psychology. Bongani Innocent Nkambule is a postdoctoral Research Fellow at the Institute for Open Distance Learning, University of South Africa. He holds a PhD in Education from Unisa, and is a member of Unisa’s community engagement group: The Inside-out Outside-in South African Corrections Interest Group. Sindile Amina Ngubane is Professor and Head of Department, Institute for Open Distance Learning, University of South Africa. She has published numerous book chapters and articles in both international as well as in accredited journals.

DOI

https://doi.org/10.25771/begx-c358