Expungement of a Criminal Record
Expungement of a criminal record is a process by which a criminal record of a convicted offender is expunged from the criminal record database of the Criminal Record Centre of the South African Police Service.
This allows a person to carry on with life without a criminal record being an obstruction to employment opportunities.
When the person has not been convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years.
When the sentence was corporal punishment.
When the sentence was postponed or the person was cautioned and discharged.
When the sentence was a fine not exceeding R20 000.
When the sentence was imprisonment with the option to pay a fine (not more than R20 000) instead of serving the period of imprisonment.
When the sentence of imprisonment was suspended wholly.
When the sentence was correctional supervision in terms of section 276(1)(h) of the Act.
When the sentence was imprisonment in terms of section 276(1)(i) of the Act.
When the sentence was periodical imprisonment in term of section 276(1)(c) of the Act.
When proof is provided that a person’s name has been removed from the National Register of Sex Offenders or the National Child Protection Register, if relevant.
When a person was sentenced to direct imprisonment.
When a fine of more than R20 000 was imposed.
When a period of 10 years has not lapsed after the date of the conviction.
When a person was sentenced to direct imprisonment (the imprisonment was not suspended and there was not the option of a fine) during the relevant 10 year period.
A clearance certificate from the Criminal Record Centre of the South African Police Service issued on a date 10 years after the conviction(s) and sentence(s).The certificate must not been older than 6 months of reason date.
Confirmation stating that your name has been removed from the National Register for Sex Offences or the National Child Protection Register if your name has been included in any of these registers.
STEPS DURING AN APPLICATION
The completed applications form (Part II and Part III), together with the attachments must be posted or delivered by hand to the Director-General: Department of Justice and Constitutional Development:
If the Director-General is satisfied that a person meets the requirements, he or she will issue a certificate of Expungement directing that the conviction(s) and sentence(s) of the person be expunged—this process takes approximately 3 months.
The certificate of Expungement issued by the Director-General will be submitted to the head of the Criminal Record Centre of the South African Police Service within 14 working days after the Director-General issued it.
If the application for Expungement is refused, the person will be informed by post of this decision and reasons for the decision.
The head of the Criminal Record Centre of the South African Police Service will, within 21 working days after his or her receipt of the certificate of Expungement, confirm to the person in writing that the conviction(s) and sentence(s) in question has/have been expunged