Criminal Record Expungement: All You Need To Know

 

A criminal record can create numerous challenges, limiting employment opportunities, restricting travel, and affecting personal and professional growth. However, under certain conditions, you may be eligible for criminal record expungement, allowing you to clear your record and thus move forward with a clean slate. So, how can you go about getting your criminal record expunged?

Criminal record expungement in South Africa is available if at least ten years have passed since the conviction, provided you did not serve any prison time during that period. The application is free and takes approximately 75 days from submission. Successful expungement removes the record.

A criminal record can have long-term consequences, often making it difficult for people to secure employment, obtain visas, or pursue specific professional careers. To help you understand what criminal record expungement means, we will discuss it, who qualifies for it, the necessary steps to apply, and when an individual may not be eligible.

 

What Is Criminal Record Expungement?

Criminal record expungement is a legal process to remove past convictions from the South African Police Service (SAPS) Criminal Record Centre. Once an individual’s record is expunged, it will no longer appear in background checks, and they will not be required to disclose the conviction when applying for jobs or travel documents.

The Department of Justice and Constitutional Development provides this service free of charge. However, applications are processed in the order they are received, and cases submitted through third-party agencies or representatives are not given priority.

 

When Can You Apply For Criminal Record Expungement?

Not everyone who has a criminal record can have it removed. To qualify for expungement, you must meet specific requirements:

• At least ten years must have passed since the date of your conviction.
• You must not have been convicted of another serious offence—meaning you cannot have served a prison sentence without the option of a fine during this period.
• Your conviction must fall under one of the following categories:
  • You received corporal punishment (a sentence no longer used in South Africa).
  • Your sentence was postponed, or you were given a warning and discharged.
  • You were fined, but the amount did not exceed R20,000.
  • You were sentenced to prison but were given the option to pay a fine instead of serving time.
  • Your prison sentence was suspended, meaning you never had to serve time.
  • You were placed under correctional supervision (a form of community-based rehabilitation).
  • You served a limited period of imprisonment under specific sections of the Criminal Procedure Act, 51 of 1977.

 

Suppose you were convicted of a sexual offence against a mentally disabled person or a child. In that case, you must first prove that your name was not entered into the National Child Protection Register or the National Register for Sex Offenders or that it has since been removed before applying for expungement.

If you meet these conditions, you may be eligible to have your criminal record erased, giving you a fresh start.

 

Who Does Not Qualify For Criminal Record Expungement?

Not everyone can have their criminal record cleared. You do not qualify for expungement if:

• Less than ten years have passed since your conviction.
• You were sentenced to direct imprisonment without the option of paying a fine.
• Your fine was more than R20,000.
• You served a direct prison sentence (without suspension or a fine option) within the last ten years.
• Your name appears in the National Child Protection Register and/or the National Register for Sex Offenders and has not been removed.

 

You cannot get your criminal record expunged if you fall into any of these categories.

 

Documents Required For Expungement

To apply for expungement, you need to submit:

• A police clearance certificate from the SAPS Criminal Record Centre confirming at least ten years have passed since your conviction.
• If applicable, you must prove that your name has been removed from the National Register for Sex Offenders and/or the National Child Protection Register.

 

How To Apply For Criminal Record Expungement

The process of clearing your record involves several steps:

1. Complete the Application Form – You must complete Part II and Part III of the official expungement application form.
2. Submit Your Application – Send the completed form along with the required documents to the Directorate Legal Process at the Department of Justice and Constitutional Development via:
   1. Post: Private Bag X81, Pretoria, 0001
   2. Hand Delivery: Pretmed Building, 319 Pretorius Street, Pretoria, 0001
3. Processing of the Application – If you meet the criteria, you will receive a Certificate of Expungement within 75 days, confirming that your conviction will be removed.
4. Submission to SAPS – The certificate is sent to the head of the SAPS Criminal Record Centre, which will officially delete your record within 21 working days.
5. Final Confirmation – You will receive written confirmation that your criminal record has been erased.

 

The relevant department will notify you in writing with the reasons for the decision if your application is denied.

 

Processing Time And Important Considerations

Expungement is not an instant process; applicants should be prepared for some waiting time. Understanding the timeline and key factors can help manage expectations and avoid unnecessary delays.

• The entire process takes about 75 days from the date of submission.
• The SAPS Criminal Record Centre takes up to 21 additional working days to confirm that the record has been removed.
• Do not make enquiries before three months have passed, as this can slow down the processing time.

 

By following these steps and ensuring you meet the requirements, you can successfully apply for a clean slate.

Criminal record expungement provides individuals with a second chance by legally clearing past convictions from their records. Eligible individuals can remove the obstacles of having a criminal record by following the correct procedures and ensuring they meet all requirements. The process is free and handled by the Department of Justice and Constitutional Development, but applicants must meet the necessary criteria before applying.

Although the expungement process is free, it can be complex and time-consuming. Ensuring all forms are completed correctly and that the necessary supporting documents are in order can help prevent delays. If you need guidance on the process or have questions about your eligibility, contact Burnett Attorneys & Notaries for legal advice.