What is a Criminal Record?
A criminal record is a record of a person’s criminal convictions 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.
Where Can I Clear My Criminal Record In South Africa?
You can apply for expungement of your criminal record in terms of the Criminal Procedure Act, 1977, to the Director-General: Department of Justice and Constitutional Development.
Expungement of a criminal record is a process by which a criminal record of a convicted offender is removed from the criminal record database of the Criminal Record Centre of the South African Police Service.
This allows you to carry on with life without a criminal record being an obstruction to employment opportunities.
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.
- 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, if relevant.
How long does it take to clear a criminal record in South Africa?
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.
How much does it cost to expunge a criminal record in South Africa?
Our fees for expungement are R 2 500.00 and R 500.00 to order your police clearance record from the Huru database. This includes follow-up attendances at the Department of Justice and the SAPS Criminal Record Centre.
Does a criminal record 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. the sentence was corporal punishment.
How long does a criminal record stay in South Africa?
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).