Criminal Record Expungement

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. The offender is then free to continue with his/her life as if the offence never happened.

This service is provided free of charge by the Department of Justice and Constitutional Development. From experience, however, we know that unless you know what you do, this could be extremely frustrating and could take years. A lot of service providers promises clients the sun and moon, but nobody has a preference when it comes to this. To cause further frustration, your application is going to the back of the queue if it was not done properly. Do not take chances to save a penny. Get professional help.

 

WHEN CAN A PERSON APPLY FOR AN EXPUNGEMENT OF A CRIMINAL RECORD?

  • When a period of 10 years has elapsed after the date of the conviction for that offence.
  • when the person has not been convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years.
  • And provided that the person was sentenced to any of the following sentences:
    • Corporal punishment.
    • The sentence was postponed or the person was cautioned and discharged.
    • Fine not exceeding R20 000.
    • Imprisonment with the option to pay a fine instead of serving the period of imprisonment.
    • Imprisonment was suspended wholly.
    • Correctional supervision in terms of section 276(1)(h) of the Act.
    • Imprisonment in terms of section 276(1)(i) of the Act.
    • Periodical imprisonment in term of section 276(1)(c) of the Act
  • If a person was convicted of a sexual offence against a child or a mentally disabled person proof must be provided that such a person’s name was not entered into the National Register of Sex Offenders or the National Child Protection Register, or if it was entered, proof that such a person’s name has been removed from the relevant Register.

 

A PERSON WILL NOT QUALIFY IF:

  • A period of 10 years has not elapsed after the date of the conviction.
  • A person was sentenced to direct imprisonment.
  • A fine of more than R20 000 was imposed.
  • 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.
  • His or her name is included in the National Register for Sex Offenders or the National Child Protection Register and his or her name has not been removed from the National Register for Sex Offenders or the National Child Protection Register.

 

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