Criminal Record Expungement

Expungement of a Criminal record means that the record of the criminal record is sealed and the details are not revealed in for example a “Police Clearance certificate”. For all practical purposes the offence can be handled as if it never happened. Legally you do not have to declare the offence unless asked.

2. Under which circumstances can a criminal record be expunged ?

• Ten (10) Years has lapsed after the date of the conviction for that offence.

• If The person has not been convicted of any other offence and sentenced to a period of imprisonment without the option of a fine during those 10 years.

• If the fine imposed did not exceed R 20,000

• Was not convicted of a sexual offence against a child or a person who is mentally disabled, and whose name is not included in the National Register for Sex Offenders.

• Was not found unsuitable to work with children by a criminal court and my name is not included in the National Child Protection Register.

• Was convicted on the base of race

• He or she was convicted of a offence which would not be regarded as a offence in a open and democratic society based on human dignity equality and freedom under the democratic constitutional dispensation.

3. Process to Expunge a Criminal Record

• Obtain a Police Clearance Certificate so that the offence details and date can be established.

• Complete the relevant application for expungement of a criminal record.

• Send the application for expungement to the Director General : Justice and Constitutional Development.

• If the Director - General is satisfied that a person meets the requirements set out in the Act he or she will issue a certificate of expungement directing that the convictions and sentences be expunged.

• A certificate of expungement will be issued to the Criminal Record Centre of the South African Police Service.

• The Head of the Criminal Record Centre will inform the applicant in writing that his convictions and sentences has been expunged.

• Apply for a Police Clearance Certificate that will be issued without the convictions and sentences.

4 Documents Needed to Assist in applying for Expungement of Convictions and Sentences.

• Two sets of fingerprints ( First one to obtain a initial police Clearance Certificate to establish offences and the second to obtain a final Police Clearance Certificate on the end of the process)

• Application form for expungement

• Authorisation for us to lodge application on your behalf.

5. Processing Time - Indication

• Initial police Clearance Certificate 4 weeks

• Department of Justice 6 weeks

• Criminal Record centre 6 Weeks

• Final Police Clearance 4 Weeks

5. Cost And Fees

Inclusive of the two Police Clearance Certificate applications, lodging and follow up of application R 3750 - 00

Expungement of Criminal record