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.

Criminal Record Expungement Services
South Africa

Professional Legal Facilitation for Record Expungement Under South African Law

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Free Eligibility Assessment

Criminal record expungement is a legal process in South Africa that permanently removes certain criminal records from the national database.

Under the Criminal Procedure Act and subsequent amendments, individuals may qualify to have their records expunged after meeting specific criteria.

The expungement process involves submitting an application to the Department of Justice, supported by fingerprints and relevant documentation. Once approved, the criminal record is permanently deleted from the Criminal Record Centre database.

Eligibility for criminal record expungement in South Africa depends on several factors including the type of offence, sentence received, and time elapsed. Below is general eligibility information based on current legislation:

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.

Cases That Generally Do Not Qualify:

Sexual offences
Offences against children
Sentences exceeding prescribed limits
Certain violent crimes
Ongoing or pending cases

Note: This is general information only. Each case is assessed individually based on specific circumstances. Take the free eligibility assessment for personalised information.

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Criminal Record Expungement Application

No Police Clearance? No Problem.

If you are unsure whether you have a criminal record, or if you aren't sure if you qualify for expungement, our streamlined process is designed to give you total clarity within 48 hours.

Step 1: Complete the Online Assessment

Start by filling out our simple online assessment and form.

Already have a report? If you have a copy of your criminal record report (less than 6 months old), upload it via our secure facility. CLICK HERE
Don't have a report? Move to Step 2.

Step 2: Fingerprint Capture (2 Options)

To pull an official record from the SAPS National Criminal Record Centre, a fresh set of fingerprints is required.

Option A: Visit a Partner (Fastest)Visit one of our 500 + Fingerprint Capture Partners across South Africa. This is a 10-minute walk-in service—no appointment is necessary. It is free to have your fingerprints taken at our partner locations.[View Fingerprint Map]
Option B: Police Station or International. If you are outside South Africa or not near a partner, you can have your fingerprints taken at any police station. Once done, contact us at info@clear-criminal-record.co.za for courier instructions.

Step 3: Receive Your Report & Legal Assessment

Once your fingerprints are captured, notify us via email. We will electronically retrieve your Criminal Record Report.

Turnaround Time: Results are typically available within 48 hours (two working days).
The Assessment: We don't just send you a report; we provide a professional legal assessment confirming if you qualify for expungement, the total costs, and the expected timeframe.

Step 4: Decision & Application

After reviewing your assessment, you can choose to proceed with the full expungement. There is no obligation to continue if you are not ready.

Fast Lodgement: Once you give us the green light and settle the invoice, we professionally prepare and lodge your application with the Department of Justice within three business days.

Why Choose Our Managed Process?

Zero Guesswork: We confirm your eligibility before you commit to the full legal process.
Paperwork Handled: We manage the application from start to finish.
In-Person Attendances: We attend to your application in person. All lodgements and follow-ups are done in person.
Assistance until completion: We will assist until completion of the expungement. (Other services will consider their work complete on lodgement at the DOJ).
Secure & Confidential: Your data is protected under POPIA-compliant protocols.

CRIMINAL RECORD EXPUNGEMENT SERVICES PTY LTD
Office 5, Second Floor, Northern Pavilion (Gate 12) Loftus Versveld, 416 Kirkness Street, Arcadia, Pretoria, Gauteng Province, South Africa
Tel: 087 0010 733
E-mail: info@clear-criminal-record.co.za
https://www.clear-criminal-record.co.za/

I'd like to UPLOAD you my recent criminal report or Police Clearance for you to assess if I quilify to expunge my criminal record.

Upload your Criminal Record Report for a free assessment if you qualify to expunge your criminal record.

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Criminal Record Expungement Services Pty Ltd is a company specialising in the removal and specialisation of South African criminal records. We have assisted hundreds of satisfied customers in expunging their criminal records. The company is owned and managed by a practising attorney with more than 30 years of experience.

Expungement of a Criminal Record in terms of the Criminal Procedure Act, 1977 (Act 51 of 1977).

How do I remove or expunge my criminal record? image

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 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.
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.

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

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

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.

Living with a criminal record is more than a legal status; it is a mental weight that can lead to constant worry and anxiety about future repercussions. This "dark cloud" often results in significant psychological distress.

While the practical advantages of expungement—such as improved employment prospects and easier international travel—are well-documented, the profound emotional and mental impact of clearing one’s name is often overlooked. Mistakes are an inherent part of life, but certain errors carry far-reaching consequences that can feel like a permanent shadow over an individual's existence. For many, the true value of criminal record expungement lies in psychological liberation and the formal legal recognition of their personal growth and rehabilitation.

Lifting the Mental Burden

Living with a criminal record is more than a legal status; it is a mental weight that can lead to constant worry and anxiety about future repercussions. This "dark cloud" often results in significant psychological distress, including low self-esteem, depression, stress, and persistent self-doubt. Expungement serves as a vital step towards self-improvement and mental well-being, offering individuals the peace of mind necessary to move forward without the fear of their past being discovered during every background check.

Legal Recognition of Your Transformation

As individuals mature, they often move away from the "unwise life choices" of their youth, yet a criminal record remains a stagnant reminder of a person they no longer are. Expungement is powerful because it symbolises a legal recognition of your rehabilitation. It is the justice system’s way of acknowledging that your past mistakes should not define your future. By sealing or removing these records, the law validates your journey toward becoming a productive, law-abiding member of society.

Breaking the Chains of Social Stigma

A criminal record is an attribute intimately connected to how an individual is perceived by society. This perception often leads to social exclusion, isolation from families, and rejection from the community, which can further entrench a cycle of negativity. Expungement provides the "lifeline" needed to reintegrate into society with confidence. It allows for acceptance back into the community without the crushing stigma of a conviction, enabling individuals to engage freely in social activities, volunteer work, and community involvement.

Unlocking a New Life Trajectory

Expunging a record is not merely about erasing the past; it is about unlocking the future. It represents a "fresh start" that can significantly alter a person's life trajectory. By removing the structural and psychological barriers created by a record, individuals are finally freed to pursue personal growth and seize opportunities that once seemed entirely out of reach. This transition from a "convicted offender" to a "cleared citizen" is a form of legal and emotional redemption.

The Role of Professional Guidance

Because the administrative process for expungement can be complex and confusing, seeking professional legal assistance can reduce the frustration and anxiety associated with navigating the Department of Justice. Entrusting this sensitive matter to experts ensures the process is handled with respect and confidentiality, allowing you to focus on your "new chapter" while the legal intricacies are managed on your behalf.

How CRES Can Assist

The administrative process for expungement can be frustrating and anxiety-inducing. Entrusting this sensitive matter to Criminal Record Expungement Services (Pty) Ltd (CRES) ensures your application is handled with discretion and professional care. We manage the legal intricacies so you can focus on your new chapter.

Criminal Record Expungement Services
South Africa

Professional Legal Facilitation for Record Expungement Under South African Law

R2,500 All-Inclusive • 500+ Nationwide Locations

Understanding Criminal Record Expungement in South Africa.