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FACTSHEET:  EXPUNGEMENT OF CRIMINAL RECORD

WHAT IS 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.
• IMPORTANT: 
  • THIS SERVICE IS RENDERED FREE OF CHARGE BY THE DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT.
  • MATTERS ARE DEALT WITH IN ORDER OF RECEIPT AND NO PREFERANCE WILL BE GIVEN BY MATTERS SUBMITTED BY AGENCIES/REPRESENTATIVES APPLYING ON BEHALF OF APPLICANTS.

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

• When a period of 10 years has lapsed 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.
  • 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:

• When a period of 10 years has not lapsed after the date of the conviction.
• When a person was sentenced to direct imprisonment.
• When a fine of more than R20 000 was imposed.
• 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.
• 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.

IMPORTANT DOCUMENTS TO BE SUBMITTED WITH THE APPLICATION

• A clearance certificate issued by the Criminal Record Centre of the South African Police Service issued on a date 10 years after the conviction(s) and sentence(s).
• 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 application form (Part II and Part III), together with the attachments must be posted or delivered by hand to the Directorate Legal Process, Department of Justice and Constitutional Development: Postal Address:  Private Bag X81, Pretoria, 0001. Street Address: Pretmed Building, 319 Pretorius Street, Pretoria, 0001
• If a person meets the requirements, a certificate of Expungement directing that the conviction(s) and sentence(s) of the person be expunged will be issued - this process takes 75 days.
• The certificate of Expungement will be submitted to the head of the Criminal Record Centre of the South African Police Service within 14 working days it has been issued.
• 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.
• FINALIZATION OF THE APPLICATION TAKES 75 DAYS FROM DATE OF RECEIPT OF ALL REQUIRED DOCUMENTS. ENQUIRIES BEFORE 3 MONTHS HAVE LAPSED UNFORTUNATELY HAVE A TREMENDOUS DELAYING EFFECT ON THE COMPLETION OF APPLICATIONS.

Updated: 15 February 2024

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EXPUNGEMENT OF CRIMINAL RECORD VIDEOS & INTERVIEWS

Expunging Criminal Records, Power Talk, 19 Apr 2023
A criminal record is something that you carry with you for the rest of your life. It could potentially have a lasting hindering effect on your life, especially because the punishment of those crimes has a lasting effect, longer than what may have been intended. The reality is that those minor offences have a much greater lifelong impact than you may have realised. The truth is that a criminal record will prevent you from moving on from that chapter in your life and leaving that part of your life in your past. But what no one tells you, it is easier than most people realise to get a criminal record. In this discussion, we talk about the expungement process in South Africa, the requirements, and why it is sometimes difficult to get through the system when on the journey of clearing one’s name. Director of Criminal Expungements at the Department of Justice, Liana Nieuwoudt, joins Morio Sanyane to explain the processes and issues with expunging criminal records.

 

Expungement of criminal records: "What you need to know…", SAfm, The Talking Point, 08 Nov 2023
Expungement of criminal records: What you need to know… SAfm, The Talking Point.