Expungement of a Criminal Record South-Africa
Expungement of a Criminal record means that the record of the criminal record is sealed and the details are not revealed in for example a “Police Clearance certificate”. For all practical purposes the offense can be considered a non-event. Legally you do not have to declare the offence unless asked.
2. Under which circumstances can a criminal record be expunged?
· Ten (10) Years has lapsed after the date of the conviction for that offense.
· If the person has not been convicted of any other offense and sentenced to a period of imprisonment without the option of a fine during those 10 years. If the fine imposed did not exceed R 20,000.
· Was not convicted of a sexual offense against a child or a person who is mentally disabled, and whose name is not included in the National Register for Sex Offenders.
· Was not found unsuitable to work with children by a criminal court and my name is not Included in the National Child Protection Register.
· Was convicted on the base of race.
· He or she was convicted of a offense which would not be regarded as an offense in an open and democratic society based on human dignity equality and freedom under the democratic constitutional dispensation.
3. Process to Expunge a Criminal Record.
· Obtain a Police Clearance Certificate so that the offense details and date can be established.
· Complete the relevant application for Expungement of a criminal record.
· Send the application for Expungement to the Director General Justice and Constitutional Development.
· If the Director - General is satisfied that a person meets the requirements set out in the Act he or she will issue a certificate of Expungement directing that the convictions and sentences be expunged.
· A certificate of Expungement will be issued to the Criminal Record Centre of the South African Police Service.
· The Head of the Criminal Record Center will inform the applicant in writing that his convictions and sentences have been expunged.
· Apply for a Police Clearance Certificate that will be issued without the convictions and sentences.
4 Documents needed to assist in applying for Expungement of Convictions and Sentences.
· Two sets of fingerprints (First one to obtain an initial police Clearance Certificate to establish offences and the second to obtain a final Police Clearance Certificate at the end of the process)
· Application form for Expungement.
· Authorisation for us to lodge application on your behalf.
5. Processing Time - Estimate only
· Initial police Clearance Certificate 8 weeks.
· Department of Justice 24weeks.
· Criminal Record center 6 Weeks.
· Final Police Clearance 4 Weeks
· 6.1. Follow procedure to obtain police Clearance ( Obtain 2 sets of fingerprints) and apply for police Clearance.
· 6.2. Download and Complete Expungement Application (Download Here).
· 6.3. Courier Expungement application with application for Police Clearance to us.
· 6.4. We will lodge application for Police Clearance.
· 6.5. On receipt of police Clearance we will lodge application for Expungement at the Department of justice.
· 6.6. We will supply you with a proof of lodge and contact details.
· 6.7 Follow up with Department of justice.
· 6.8 On notification of Expungement we will apply for a final police clearance which will show your record cleared.