Expungement of a criminal record is a procedure by which a criminal record of a convicted offender is expunged from the criminal record database of the Criminal Record Centre of the South African Police Service.
This permits a person to carry on with life without a criminal record is an obstruction to employment opportunities.
When A Person Can Apply For An Expungement Of A Criminal Record?
- When a time period of 10 years has lapsed after the date of the conviction for that offence;
- when the person has not been convicted and sentenced to a period of imprisonment without the choice of a fine during those 10 years; and
- Given that the person was sentenced to any of the following sentences:
- Corporal punishment.
- The sentence was delayed or the person was cautioned and discharged.
- Fine not more than R20 000.
- Imprisonment with the choice to pay a fine instead of serving the period of imprisonment.
- Imprisonment was suspended entirely.
- Correctional supervision according to section 276(1)(h) of the Act.
- Imprisonment according to section 276(1)(i) of the Act.
- Periodical imprisonment according to section 276(1)(c) of the Act
- If a person was convicted of a sexual offence against a child or a mentally disabled person evidence must be provided that such a person’s name was not entered into the National Register of Sex Offenders or the National Child Protection Register, or if it was entered, evidence that such a person’s name has been removed from the related Register.
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A Person Will Not Qualify If:
- When a time period of 10 years has not lapsed after the date of the conviction.
- When an individual was sentenced to direct imprisonment.
- When a more than R20 000 was imposed as fine.
- When an individual was sentenced to direct imprisonment (the imprisonment was not suspended and there was not the option of a fine) during the relevant 10 year period.
- His or her name is enclosed in the National Register for Sex Offenders or the National Child Protection Register and his or her name has not been removed from the National Register for Sex Offenders or the National Child Protection Register.
Important Documents To Be Submitted
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- A clearance certificate provided by the Criminal Record Centre of the South African Police Service issued on a date 10 years after the conviction and sentence.
- A confirmation stating that your name has been removed from the National Register for Sex Offences or the National Child Protection Register if your name has been enclosed in any of these registers. For more details contact lawyers in South Africa.