Having a criminal record can be a big problem when it comes to employment. Expungement means that a person’s name and the crime they committed is removed from the National Criminal Register. Wondering how you can clear your criminal record? Scorpion Legal Protection explains the process.
How to apply for expungement of a criminal record
First, you will need to get a Police Clearance Certificate from the Criminal Record Centre of the SAPS. Next, you will need to complete the relevant forms from the Department of Justice and Constitutional Development. To find out more about the forms and to download them, click here.
Complete the application for expungement and attach all the necessary documentation together with your clearance certificate. You will need to post the documents or deliver them in person to the Director General of the Department of Justice and Constitutional Development.
Postal address: Director General: Dept of Justice and Constitutional Development, Private Bag X 81, Pretoria 0001.
Physical address: Pretmed Building, 319 Pretorius Street, Pretoria.
If the Director-General is satisfied that a person meets the requirements, they will issue a Certificate of Expungement directing that the convictions and sentences of the person be removed from their record. Next, the Certificate of Expungement will be submitted to the head of the Criminal Record Centre of the SAPS within 14 working days of being issued. If the application for expungement is refused, the person will be informed by post of this decision and the reasons for the decision.
If your application was successful, you will be notified in writing that the convictions and sentences in question have been expunged. The service of expungement is free, and the department has made it clear that no preference is given to agencies or representatives. Matters are dealt with according to the order they come in.
How long does it take to get a Certificate of Expungement?
The Department of Justice and Constitutional Development says the process takes approximately 4 months from date of receipt of all required documents, but like most other government departments, they may be dealing with backlogs at the moment.
Who qualifies for expungement of a criminal record?
You can apply to have your criminal record expunged when:
- 10 years have passed since the date of your initial conviction.
- You received a sentence of periodical imprisonment or correctional supervision – any sentence of imprisonment which was suspended wholly.
- You have not been convicted of any other crime during the 10 years since your initial conviction.
- You received a sentence discharging you with a caution or reprimand or a sentence of corporal punishment before corporal punishment was declared to be unconstitutional as a sentencing option.
- You were sentenced to pay a fine that does not exceed R20 000.
You will not qualify for expungement if:
- Less than 10 years have passed since your conviction.
- You were convicted of a sexual offence against a child or disabled person. This means your name is on the National Register for Sex Offenders or the National Child Protection Register.
You may also be interested in:
The trial process step by step
Paying admission of guilt fines
Drunk driving arrest procedure
If you have a query, ask Scorpion Legal Protection on Facebook and ask your question during our next Live Q&A.
* This is only basic advice and cannot be relied on solely. The information is correct at the time of being sent to publishing.