How long must I wait to expunge my criminal record in South Africa?

Generally, ten years must have passed since the date of the conviction before you can apply for expungement, provided you have not been sentenced to direct imprisonment without the option of a fine during that period.

Do I qualify if I paid an admission of guilt fine?

Yes, many admission of guilt fines result in a criminal record that can be expunged. Certain COVID-19 related admission of guilt fines may now be eligible for immediate expungement under the Judicial Matters Amendment Act.

Can a record be expunged if the fine was over R20,000?

If the sentence was a fine exceeding R20,000, it generally does not qualify for the standard administrative expungement process. In such cases, a Presidential Pardon may be the only available legal route.

Does a criminal record fall away automatically after 10 years?

No. While a record may 'fall away' for courtroom sentencing purposes, it remains on the SAPS National Criminal Register until a formal Section 271B expungement application is successfully processed.

R2,500 All-Inclusive • No Hidden Fees

Clear Your Criminal Record

Check If You Qualify — Free

South African law provides a legal pathway for certain criminal records to be cleared through a process known as expungement. This guide explains how the process works, who may qualify, and how Clear Criminal Record assists applicants from initial enquiry through to finalisation.

What Is Criminal Record Expungement?

Criminal record expungement is a legal process through which a person's criminal record can be officially cleared. Once a record has been successfully expunged, it is removed from the national criminal database maintained by the South African Police Service (SAPS), and the individual is no longer required to disclose it.

The legal basis for expungement in South Africa is found in Section 271B of the Criminal Procedure Act 51 of 1977 (as amended by the Criminal Procedure Amendment Act 65 of 2008). This legislation sets out specific criteria that determine whether a conviction qualifies for removal, including the nature of the offence, the sentence imposed, and the amount of time that has passed since the conviction.

Expungement is not automatic. It requires a formal application to the relevant authority, supported by the correct documentation and legal motivation. This is where professional assistance can make a meaningful difference.

Eligibility for expungement depends on several factors established by the legislation. While every case is unique, the following general criteria apply:

Nature of the Offence

The type of offence plays a central role in determining eligibility. Offences are broadly categorised into less serious offences (Schedule 1) and more serious offences (Schedules 5, 6, 7, and 8). Certain serious offences, including sexual offences involving minors, are excluded from expungement entirely.

The Sentence Imposed

The sentence that was handed down at the time of conviction is a key factor. For example, convictions that resulted in imprisonment without the option of a fine are treated differently from those where a fine was imposed. The length of any prison sentence also affects eligibility and the applicable waiting period.

The Waiting Period

South African law prescribes a mandatory waiting period that must elapse before an application for expungement can be submitted. This period is calculated from the date the sentence was completed – not the date of conviction. The duration of the waiting period depends on the classification of the offence and the sentence:

Convictions resulting in a fine or a suspended sentence are generally subject to a 10-year waiting period.
Convictions resulting in imprisonment typically require a longer waiting period, depending on the duration of the sentence.
Certain minor offences may qualify for shorter waiting periods under specific circumstances.

Important DisclaimerThe information above is provided as a general educational overview. Eligibility depends on the specific facts of each case. A professional evaluation of the actual criminal record is required before any determination can be made.

Clear Criminal Record provides a structured, professional service designed to guide applicants through each stage of the expungement process. Our approach is built on accuracy, compliance with the law, and clear communication at every step.Below is an overview of our process from start to finish:

1 - Free Initial Enquiry

The process begins when a person reaches out to us for information about expungement. At this stage, we gather some basic details to understand the enquiry and explain how the process works. There is no cost or obligation associated with this initial step.

2 - Obtaining the Criminal Record

Before any eligibility assessment can take place, a copy of the criminal record is required. This is a legal necessity – without the actual criminal record document, no accurate evaluation can be conducted. We provide clear guidance on how to obtain this record, whether through the HURU fingerprint capture network at PostNet and Jetline stores, a local SAPS police station, or from abroad via the SAPS Criminal Record Centre.

3 - Professional Eligibility Evaluation

Once we have received the criminal record, our team conducts a detailed legal evaluation. This assessment examines the specific offence(s), the sentence imposed, whether the mandatory waiting period has been fulfilled, and whether any disqualifying factors exist. We provide a clear, written report explaining our findings.

4 - Preparation of the Application

For matters that qualify, we prepare the formal expungement application. This includes compiling all required documentation, drafting the legal motivation, and ensuring that the application complies fully with the requirements set by the Department of Justice and Constitutional Development.

5 - Submission to the Relevant Authority

The completed application is submitted to the appropriate government department for processing. We handle all correspondence with the authorities and follow up on the progress of the application to ensure it moves through the system efficiently.

6 - Monotoring and Updates

Expungement applications are processed by government departments, which means timeframes can vary. Throughout this period, we monitor the status of the application and keep the applicant informed of any developments, requests for additional information, or progress updates.

7 - Confirmation and Finalisation

Once the expungement has been approved, the criminal record is officially removed from the SAPS national database. We confirm the outcome with the applicant and provide documentation of the successful expungement. After finalisation, the individual is no longer required to disclose the previous conviction.

While it is technically possible to apply for expungement independently, the process involves navigating legislation, correctly interpreting criminal record information, preparing a legally sound application, and ensuring all documentation meets the exact requirements of the receiving authority.

Errors in applications – including incorrect classification of offences, miscalculation of waiting periods, or incomplete documentation – can result in delays or outright rejection. Professional assistance helps to avoid these common pitfalls and significantly increases the likelihood of a successful outcome.

Clear Criminal Record has developed a thorough understanding of the expungement legislation, the administrative procedures of the relevant government departments, and the practical realities of how applications are processed. This experience is applied to every case we handle.

A criminal record can affect many aspects of a person's life, often long after the sentence has been served. Common areas where a criminal record may have an impact include:

Employment – Many employers conduct criminal background checks as part of the hiring process. A criminal record may limit career opportunities, particularly in regulated industries such as finance, education, security, and healthcare.
Travel and Immigration – Visa applications to countries such as the United States, United Kingdom, Australia, Canada, and others often require police clearance certificates. A criminal record can complicate or prevent successful visa applications.
Professional Licensing – Certain professional registrations and licences require a clean criminal record, including those regulated by bodies such as the PSIRA, SACE, NCR, and various industry-specific authorities.
Business Opportunities – Tenders, contracts, and business licences (including liquor licences) may require disclosure of criminal history.
Personal Wellbeing – Beyond practical consequences, carrying a criminal record can have a significant emotional and psychological impact, particularly when the conviction occurred many years ago.

Successful expungement removes these barriers and provides an individual with a genuine fresh start, free from the ongoing consequences of a past conviction.

How long does the expungement process take?

The overall timeline depends on several factors, including how quickly the criminal record is obtained, the complexity of the evaluation, and government processing times.

From the point of submitting a completed application, processing by the Department of Justice typically takes several months. We provide realistic estimated timeframes during the evaluation stage.

What does your expungement service cost?

We charge a single, all-inclusive fee of R2,500 — with no hidden costs and no hidden fees. This is a once-off payment that covers the entire expungement process from start to finish, including:

Free assessment — a thorough evaluation of the criminal record to determine eligibility, at no cost or obligation.
Preparing all documentation — compilation of the complete application, supporting documents, and formal legal motivation.
Lodging documentation in person — physical submission to the relevant government authority to ensure correct receipt and processing.
Individual proof of lodgement — each application receives a unique reference number, with documented proof of submission provided to the applicant.
Ongoing follow-ups — we actively monitor progress with the relevant department and keep applicants informed until finalisation.
30 years of experience — every application benefits from three decades of knowledge in criminal record expungement at no extra charge.

Please note that the fee does not include the cost of obtaining the criminal record itself (for example, fees charged by HURU or SAPS), as these are third-party charges paid directly to the relevant provider. We provide clear guidance on how to obtain the record and the costs involved.

Can all criminal records be expunged?

No. The legislation excludes certain offences from expungement, and specific eligibility criteria must be met. This is precisely why a professional evaluation of the actual criminal record is essential before any application is prepared.

Is the process confidential?

Yes. All personal information is handled in strict accordance with the Protection of Personal Information Act (POPIA). We treat every enquiry and application with complete confidentiality.

What if the waiting period has not yet elapsed?

If the evaluation reveals that the mandatory waiting period has not yet been fulfilled, we will advise the applicant of exactly when they will become eligible and what steps they can take at that point. In some instances, we can assist with preliminary preparation so that the application is ready to submit as soon as the waiting period expires.

500+ Locations

Electronic fingerprint capture nationwide

Fixed Pricing

Fixed fee, no hidden costs — from assessment to finalisation

Hundreds of successful expungements processed

Hundreds of criminal records successfully cleared since 2020

Free Eligibility Check

Find out if your record qualifies for expungement — no cost, no obligation

If you are not near one of our 500+ electronic fingerprint capture partner locations, or if you prefer the traditional route, you can have your fingerprints taken at any South African Police Service (SAPS) station. This method uses the official SAPS 91(a) fingerprint form and traditional ink fingerprinting. While it takes longer than electronic capture, it is a reliable alternative that is available at every police station in the country.

What You Will Need

A completed SAPS 91(a) fingerprint form (you can download this from our website or collect it at the police station)
Your South African ID, driver’s licence, or valid passport

Step-by-Step Process

Download and complete the SAPS 91(a) form. You can download the form from our website or collect a blank form at any SAPS station. We can also assist you in completing the form correctly to avoid errors that could delay the process.
Visit your nearest police station. Present your identification and the SAPS 91(a) form to the officer on duty. Request that a full set of fingerprints be taken on the form.
Ensure the form is properly completed. The officer must stamp and sign the form, and all ten fingerprints must be clearly captured in ink. Incomplete or illegible prints can result in rejection by the Criminal Record Centre.
Courier the original form to us. Send the original completed SAPS 91(a) form to our offices via courier or PostNet. Do not send a photocopy — the Criminal Record Centre requires the original ink impressions.
We lodge the form at the Criminal Record Centre. Once we receive your form and payment of R500, we personally lodge the application at the SAPS Criminal Record Centre in Pretoria and follow up on the processing.
Receive your report and assessment. Your criminal record report is typically available within 5–10 working days from lodgement. We provide a free legal assessment confirming eligibility for expungement.

Where to Send the Completed Form

Courier or PostNet the original SAPS 91(a) form to: Criminal Record Expungement Services (Pty) Ltd Office 4, Second Floor, Northern Pavilion Pretoria Email: info@clear-criminal-record.co.za Tel: +27 12 883 6843

Important Tips

Visit the police station during quieter hours (mid-morning on weekdays) for a faster experience.
Make sure the officer uses sufficient ink — faint prints are the most common reason for rejection.
Keep the form flat and dry during transport. Folding or moisture can damage the fingerprint impressions.
Do not attempt to take your own fingerprints — they must be taken by a SAPS official.

Cost and Timeline

Item	Details
Fingerprints at the police station	Free (SAPS does not charge)
Lodgement and report retrieval	R500 (paid to Clear Criminal Record)
Timeline	5–10 working days from lodgement
Courier costs	For your own account (PostNet or courier service)

If you are currently living or working outside South Africa, you can still obtain your criminal record and apply for expungement. We regularly assist clients based in the United Kingdom, United States, Australia, Canada, the UAE, and across Europe and Africa. The process requires a set of fingerprints and certain documentation, which you can arrange from your country of residence. We handle everything else through a Power of Attorney arrangement.

How the Process Works

Step 1: Have Your Fingerprints Taken

Your fingerprints need to be taken on the official SAPS 91(a) form. You have two options:

South African Embassy or Consulate: Contact the nearest South African diplomatic mission and request to have your fingerprints taken on the SAPS 91(a) form. Most embassies and consulates offer this service.
Local police station: In many countries, the local police can take your fingerprints on the SAPS 91(a) form. Download the form from our website, print it, and present it at the police station.

Step 2: Gather Your Documents

You will need to provide:

The original completed SAPS 91(a) form with your fingerprints
A certified copy of your South African ID or passport
A signed Power of Attorney (we draft this for you)

Step 3: Courier Documents to Us

Send the original documents to our offices in Pretoria via international courier (DHL, FedEx, or similar). We provide the full postal address and reference details once you engage our services.

Step 4: We Handle Everything from Here

Using the Power of Attorney you have signed, we:

Lodge your fingerprints at the SAPS Criminal Record Centre in Pretoria
Retrieve your official criminal record report
Conduct a professional legal assessment of eligibility
If eligible, prepare and submit the full expungement application to the Department of Justice
Follow up on progress and notify you of the outcome

Step 5: Receive Updates

We keep you informed throughout the process via email and WhatsApp. You do not need to be in South Africa at any point. Once the expungement is approved, we provide confirmation documentation.

Frequently Asked Questions — Clients Abroad

Do I need to return to South Africa at any point? No. The Power of Attorney authorises us to act on your behalf for the entire process. Everything is handled remotely.

Can my fingerprints be taken at a foreign police station?
Yes, in most countries. The fingerprints must be taken on the official SAPS 91(a) form, which you can download from our website. Some countries may require the form to be authenticated or apostilled — we advise on this based on your location.

How long does the process take from abroad?
The timeline depends on courier delivery times and government processing. Typically, the full process from receiving documents to finalising the expungement takes 4–8 months. We provide realistic timeframes during the assessment stage.

Why do I need a criminal record cleared if I’m living abroad?
Many visa applications and immigration processes require a South African police clearance certificate. A criminal record can result in visa refusals or complications with residency applications. Expungement permanently removes the record, allowing you to obtain a clean police clearance.

What does it cost?
R500 for criminal record retrieval and assessment. If eligible, R2,500 for the full expungement application — all-inclusive, no hidden fees. The Power of Attorney is drafted at no additional charge.

Living Abroad and Need Your Record Cleared? Contact us at info@clear-criminal-record.co.za or WhatsApp us. We’ll guide you through the process step by step, wherever you are in the world.