Clear Your Criminal Record. Reclaim Your Future

Check-in one minute if you qualify to expunge your criminal record.

1. Enhanced Job Prospects

• Background Checks: Employers often conduct background checks, and a criminal record can be a significant barrier to employment. Even minor offences can lead to rejection, as many employers view any criminal history as a risk. Expungement removes this record, making you a more viable candidate.
  
  
• Career Advancement: Not only does it help in getting a job, but it also aids in career progression. Without a criminal record, you're more likely to be considered for promotions or higher-level positions that might otherwise be off-limits.
  
  

2. Travel Opportunities

• International Travel: Many countries have strict entry policies regarding criminal records. An expunged record can simplify travel, reducing the risk of visa denials or complications at borders. A clear criminal record is particularly crucial for those who travel frequently or wish to relocate internationally.
  
  

3. Personal Growth and Social Acceptance

• Housing: Landlords often perform background checks. An expunged record can make renting or buying a home much easier, as it removes one of the significant hurdles in housing applications.
• Insurance: Some insurance companies might charge higher premiums or deny coverage based on criminal history. Expungement could lower these costs or make you eligible for standard rates.
• Education: Certain educational programs or scholarships might be inaccessible to people with criminal records. Clearing your record can open doors to further education or training opportunities.
  
  

• Moving On: As you mature, your past mistakes should not define your future. Expungement symbolises a legal recognition of your rehabilitation, which can be psychologically liberating. It's a step towards self-improvement and acceptance back into society without the stigma of a criminal record.
  
  
• Social and Community Involvement: Without a record, you can engage more freely in community activities, volunteer work, or even run for public office in some jurisdictions, where a clean record might be a prerequisite.
  
  

4. Legal and Financial Benefits

5. Peace of Mind

• Mental Health: Constantly worrying about how your record might affect your life can be mentally taxing. Expungement offers peace of mind, reducing anxiety about future repercussions.
  
  

The Process of Expungement

• Eligibility: Not all records can be expunged; eligibility varies by jurisdiction and the nature of the crime. Generally, misdemeanors and certain felonies can be expunged after a waiting period and good behavior.
  
  
• Legal Assistance: Given the complexities, consulting with an expert specialising in expungements can help you navigate legal requirements and processes effectively.
  
  
• Time and Cost: The process can take time and involve fees, but the long-term benefits often outweigh these initial costs.
  
  

Expunging your criminal record isn't just about erasing the past; it's about unlocking your future. Whether it's for career advancement, personal travel, or simply peace of mind, the benefits of a clean slate can transform your life, offering opportunities that might have seemed out of reach. If you're considering this step, understanding how it can positively impact your life is crucial.

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 is an obstruction to employment opportunities.

You can apply to have your criminal record expunged when:

• ten years have passed after 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 ten 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 incarceration. 
• 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.

Click Here - Online Eligibility Check - Check if you can have your criminal record expunged within one minute.

 • If the Director-General of Justice and Constitutional Development is satisfied that you or the child being applied for meet the requirements set out in the Criminal Procedure Act, he/she will instruct the SAPS Record Centre to issue a letter of expungement directing that your conviction and sentence be expunged. This process takes approximately three months.  The SAPS record centre will then remove/expunge the criminal record from the database and issue the letter submit within 14 working days after being directed by the Department of Justice to do so. The process usually takes three to four months to complete. 

President Cyril Ramaphosa recently assented to the Judicial Matters Amendment Act, 2023, a piece of legislation that marks a significant turning point for thousands of South Africans currently burdened by minor criminal records. While many amendments in this Act address technical and practical changes to existing laws, several provisions offer a profound "fresh start" for individuals who previously believed their records were permanent.

Relief for COVID-19 Regulation 

ViolationsOne of the most impactful changes introduced by the 2023 Act is the provision for the expungement of criminal records for persons who paid admission of guilt fines for violating State of Disaster Regulations during the COVID-19 pandemic. During the National State of Disaster, thousands of citizens were arrested or fined for minor infractions. According to the sources, these admissions of guilt previously resulted in a criminal record that could obstruct employment and travel opportunities. The new Act recognises the unique circumstances of that period, allowing these specific records to be cleared.

New Powers Regarding Admission of Guilt Fines

The Act also introduces a forward-looking mechanism to prevent minor offences from staining a person's record in the future. The Minister of Justice and Constitutional Development is now empowered, after due consultation, to determine certain categories of offences where paying an admission of guilt fine will not result in a criminal record at all.

Crucially for those with existing records, the sources state that once the Minister has identified these categories, individuals who already have a criminal record for those identified offences will have them expunged. This shift aims to make the justice system more responsive and ensures that minor infractions do not lead to the long-term social and economic exclusion often associated with a criminal history.

How Professional Assistance Navigates These Changes

While these legislative updates are a major victory for justice, the sources emphasise that the administrative process for expungement remains complex and potentially time-consuming. Applications typically require hand-delivery to the Department of Justice and can take several months to finalise.

At Criminal Record Expungement Services (Pty) Ltd (CRES), we are uniquely equipped to help you benefit from these recent changes. As a firm owned and managed by a practising attorney with over 25 years of experience, we provide the legal expertise necessary to ensure your application aligns with the new 2023 criteria. We assist through the entire journey—from obtaining your clearance certificate to following up in person with the authorities—ensuring you achieve a clean slate as efficiently as possible.

Don't let a minor mistake from the past define your future; the law has changed, and we are here to help you claim the relief you deserve.

The South African legal system recognises that mistakes made during youth should not necessarily haunt an individual for their entire adult life. While the Criminal Procedure Act generally requires a 10-year waiting period for adults, the Child Justice Act 75 of 2008 establishes a separate framework with significantly more favourable timelines for those who committed offences while under the age of 18.

Shorter Waiting Periods for Juvenile Offenders

One of the most vital distinctions for juvenile offenders is the reduced timeline for rehabilitation. Depending on the nature of the offence, the waiting period to apply for expungement is often much shorter than the standard decade required for adults:

• Schedule 1 Offences: 

You only need to wait 5 years from the date of conviction to apply for expungement. This category includes minor infractions such as common assault, petty theft (under R2,500), and trespassing.

• Schedule 2 Offences: These require a 10-year waiting period. This schedule covers more serious offences such as arson, housebreaking, and theft exceeding R2,500.

• Exceptional Circumstances:

In certain cases, an application can be made before the 5 or 10-year period has passed if it can be demonstrated to the Minister of Justice that "exceptional circumstances" exist.

The Destruction of Fingerprints: A Permanent Clean SlateA crucial detail often overlooked in standard expungement discussions is the handling of biometric data. Under Section 87(4) of the Child Justice Act, once a certificate of expungement is issued, the National Commissioner of Police is legally mandated to destroy the fingerprints of the child. This ensures that the record of the offence is not merely "hidden" but that the physical evidence of the arrest is permanently removed from the system.Procedural Nuances for ChildrenThe application process for those convicted as children also differs in its final steps. For adult applications, the Director-General typically submits the expungement certificate directly to the Criminal Record Centre (CRC). However, under the Child Justice Act, the applicant themselves (or their parent/guardian) must submit the certificate to the head of the CRC to finalise the removal of the record.

Important Exclusions and RequirementsWhile the Child Justice Act offers a path to redemption, there are strict limitations:• Serious Crimes: Convictions for Schedule 3 offences, which include serious crimes such as murder, rape, and armed robbery, cannot be expunged through this administrative process.

• National Registers: If the applicant’s name was placed on the National Register for Sex Offenders or the National Child Protection Register, they must first provide proof that their name has been formally removed from these registers before the expungement application can be successful.

In today’s competitive job market, a criminal record is often viewed as a significant hurdle to securing employment. However, a landmark 2024 legal ruling has fundamentally shifted the power back to job seekers, confirming that your past mistakes do not give employers a blank cheque to discriminate against you, especially if your record has been expunged.

The Landmark Case: O’Connor v LexisNexis (2024)

The Labour Court case of O’Connor v LexisNexis (Pty) Ltd (2024) is a vital piece of legal protection for every South African with a criminal history. In this matter, LexisNexis offered Mr O'Connor a position as a "Senior Data Discovery and Enrichment Expert." However, after a background check revealed 20-year-old convictions for theft and fraud—which had already been legally expunged—the company retracted the job offer.

The court's decision was clear: denying a person a job solely based on an expunged criminal record constitutes unfair discrimination.

Criminal Records as "Arbitrary Grounds" for Discrimination

While the Employment Equity Act (EEA) lists specific grounds for discrimination like race or gender, the sources explain that the court now recognises a criminal record as an "arbitrary ground" for unfair treatment. This is defined as an inherent attribute intimately connected to how a person is perceived by society.

The court established that if a criminal history is irrelevant to the requirements of the job, using it as a reason for rejection is without rational justification. In Mr O'Connor's case, because he was to work from home via the internet using his own resources, his two-decade-old record had no bearing on his ability to perform the role.

The "Relevance" Test: When Can an Employer Say No?

According to the Code of Good Practice, employers should only conduct integrity checks if they are directly relevant to the requirements of the job. To determine if a rejection is "rationally justified," one must ask: Does this record materially affect the person’s ability to do this specific job?

• Justified: 

A financial manager with a record for fraud, or a teacher with a record for sexual offences.

• Unfair Discrimination: 

An office worker or technician being denied a role based on an old, irrelevant conviction for a minor offence like petty theft.The Legal Power of ExpungementExpungement is more than just "hiding" a file; it is a legal process that permanently removes a conviction from the SAPS Criminal Record Centre database. The sources provide three critical protections for those who have cleared their records:

1. Legal Reset: 

For all practical purposes, the offence is handled as if it never happened.

2. No Obligation to Disclose: 

Once a record is expunged, you are generally not obligated to disclose it to a prospective employer.

3. Invisible Background Checks: An expunged record should not appear in any background check conducted by an employer.

Reclaim Your Future with Expert Legal Assistance

Navigating the complexities of the Criminal Procedure Act and employment law requires professional expertise. As the sources note, seeking legal guidance can streamline the process and ensure that your application for a "clean slate" is successful.At Criminal Record Expungement Services (Pty) Ltd (CRES), we are owned and managed by a practising attorney with over 25 years of experience. We don't just help you clear your name; we help you understand your rights so you can walk into your next interview with the confidence of a clean slate.

In South Africa, having more than one entry on your criminal record does not mean you are permanently barred from a clean slate. You can expunge multiple convictions simultaneously in a single process, provided that each individual offence meets the specific legal requirements for removal.

To successfully clear multiple convictions at once, the following eligibility criteria must be met for each entry on your record:

• The 10-Year Waiting Period: At least 10 years must have passed since the date of each conviction. (Note: If the offences were committed when you were under 18, this period may be reduced to 5 years for certain offences).

• The "Clean Decade" Rule: During the 10-year waiting period, you must not have been convicted of any other offence that resulted in imprisonment without the option of a fine.

• Qualifying Sentences: Each conviction must have resulted in a minor sentence, such as a fine not exceeding R20,000, a suspended sentence, correctional supervision, or being "cautioned and discharged".

• No Serious Crimes: Serious offences, such as murder, rape, or armed robbery (Schedule 3 offences), are generally ineligible for administrative expungement.

• Register Clearances: If any of the convictions led to your name being placed on the National Register for Sex Offenders or the National Child Protection Register, you must prove your name has been removed from those registers before the convictions can be expunged.

How the Simultaneous Process Works

Because a single Police Clearance Certificate (PCC) lists all convictions currently on your record, a legal expert can assess your entire history at once. If all listed offences qualify, they are processed together, saving you the time and frustration of multiple separate applications.However, if one conviction in your history is "too recent" (less than 10 years old) or too serious (direct imprisonment), it may block the expungement of your other older, minor convictions until the criteria for the entire record are met.