How To Get Rid Of Criminal Records In South Africa

What is a Criminal Record?

A criminal record, police record, or colloquially RAP sheet is a record of a person’s criminal history. The information included in a criminal record and the existence of a criminal record varies between countries and even between jurisdictions within a country. Having a criminal record after you have repaid your debt to society makes many areas of your life very challenging. From job hunting to travelling, you get treated with caution and scepticism.

How To Get Rid Of Criminal Records In South Africa

You can apply to have your criminal record expunged when:

a period of 10 years has passed after the date of the conviction for that offence.
you have not been convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years.
the sentence was corporal punishment.
the sentence was postponed or you were cautioned and discharged.
the sentence was a fine not exceeding R20 000.
the sentence was imprisonment with the option to pay a fine (not more than R20 000) instead of serving the period of imprisonment.
the sentence of imprisonment was suspended wholly.
the sentence was correctional supervision in terms of section 276(1)(h) of the Act.
the sentence was imprisonment in terms of section 276(1)(i) of the Act.
the sentence was periodical imprisonment in term of section 276(1)(c) of the Act.
proof is provided that your name has been removed from the National Register of Sex Offenders or the National Child Protection Register.

Frequently Asked Questions(FAQs)

Do criminal records expire in South Africa?

You can apply to have your criminal record expunged when: a period of 10 years has passed after the date of the conviction for that offence. you have not been convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years.

Can criminal record be cleared in South Africa?

The only way to get your conviction removed from police records is to appeal against the conviction through the courts. You will need to seek legal advice if this is something you wish to pursue. I was told my conviction would be removed after five years.

How Do I Qualify for Getting my Criminal Record Cleared in South Africa?

A decade (10 years) must have passed after the date of your initial conviction.
You received a sentence of periodical imprisonment or correctional supervision and not a direct prison sentence for your crime.

Can I check my criminal record online in South Africa?

South Africans can now run Criminal and Identity Verifications nationwide, via online portal. Businesses and individuals across South Africa will now have the ability to run criminal and identity verifications via HURU, a user-friendly online portal – using only an ID number as reference.

Can a person with criminal record get government job?

Anyone facing or convicted of a criminal offence cannot be eligible for a government position.

How much does expungement cost in South Africa?

Ready to proceed? The cost of the expungement process is R2,243. The standard duration for a criminal record expungement is anywhere from 7 – 10 months, and is beyond our control.

How do I clear my criminal record in South Africa?

You must first obtain a Police Clearance Certificate from the Criminal Record Centre of the South African Police Service. Then complete the application for expungement and attach all necessary documentation together with the clearance certificate. You can either post or deliver by hand.

Can criminal record be cleared?

Can I clear my criminal record after 5 years?

You may apply for expungement if: – The offence was committed when you were under 18 years of age. – Five years have lapsed after the date of conviction in the case of a Schedule 1 offence.

How long does a criminal record stay on your name?

Can you get a job with a criminal record in South Africa?

South African labor laws dictate that background checks must be related to the job that an applicant is applying for, so, if a person has a criminal record for driving for under the influence, he or she can be disqualified from driver position, but this conviction would be considered irrelevant if the person was applying for a job as a store clerk.

Can I check my criminal record online in South Africa?

Can a person with criminal record get government job?

Anyone facing or convicted of a criminal offence cannot be eligible for a government position.

How long does a conviction stay on a CRB?

If over 18 at the time of the offence, a conviction will be filtered 11 years after the date of the conviction, and a caution 6 years after the date of the caution, provided that the applicant did not go to prison, has not committed any other offence and the offence was not of a violent or sexual nature.

Can you travel to America with a criminal record?

There is a lot of misleading information around travelling to the USA with a criminal record. It’s important to note that having a criminal record does not automatically bar you from travelling to the USA. Anybody travelling to the US for less than 90 days will be able to travel under the Visa Waiver Programme (VWP).

How long until a conviction is spent?

Essentially, a conviction cannot become spent until the order ends. Some orders run for many years longer than the ‘main’ sentence. If someone received a 4 month prison sentence, this would be spent 2 years after the end of the full sentence.

How much does expungement cost in South Africa?

The cost of the expungement process is R2,243. The standard duration for a criminal record expungement is anywhere from 7 – 10 months, and is beyond our control.