What is Expungement?
Expungement is the process of going to court to ask a judge to seal records from a criminal court case so that they cannot be seen by the public.
How Long Does Expungement Take In South Africa?
A certificate of expungement will be issued to the Criminal Record Centre of the South African Police Service.
The Head of the Criminal Record Centre will inform the applicant in writing that his convictions and sentences have been expunged.
Please note this process usually takes about 20 – 28 weeks.
Expungement is a procedure that results in the lawful clearance and removal of a criminal record on an individual’s record from the National Criminal Register.
The criteria which need to be met to potentially qualify for clearance are listed below:
- There should be a 10-year interval between the date of the conviction of your offense and the application.
- You received a sentence where you were either imprisoned from Friday 18:00 to Sunday 18:00 or a community-based sentence.
- You have not been sentenced and jailed for any other offense during those 10 years, without the option of a fine.
- You were sentenced to the following sentence:
- Minor crimes – for which there were minor charges.
- Politically motivated crimes; are crimes where there is “political or ideological intention or motivation to cause harm”.
- Your conviction was based on your race.
- You were convicted of an offense that would democratically be considered a minor or no offense.
You will not qualify for clearance if the following occurs:
- You were condemned for a sexual transgression against a child or a mentally-challenged person.
- Your name appears in the National Register for sex offenders or the National Child Protection Register, unless it has been removed from the National Register.
- Serious cases of incarceration without the option of a fine.
There are several organizations you could contact to apply for the expungement of a criminal record for you at a fee. Alternatively, an individual can do their own application and go directly to the Department of Justice and Constitutional Development themselves.
Procedure to follow to obtain an Expungement of Criminal Record:
A Police Clearance Certificate showing an interval of 10 years between the conviction(s) and sentence(s) must be obtained from the Criminal Record Centre of the South African Police Service; this is to confirm the details and dates of the offense.
Complete the application for expungement of a criminal record and attach all necessary documentation. The clearance certificate must also be attached to the application.
How do I check my expungement status in South Africa?
Inquiries can be emailed to expungements@justice.gov.za or you can call our Call Centre at 080 002 0007.
PLEASE NOTE:
ENQUIRIES BY WAY OF ELECTRONIC MAIL ARE THE PREFERRED METHOD OF CORRESPONDENCE. ALL SUCH ENQUIRIES WILL BE ATTENDED TO WITHIN 5 WORKING DAYS.
How much does it cost to get an expungement 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.
How does expungement work 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 offense.
you have not been convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years.
How long does it take to get a criminal record in South Africa?
Finalization of applications takes approximately 15 working days from the date when all required documents are received at Criminal Record and Crime Scene Management.