Criminal record expungement - F.A.Q

Expunging a criminal record can be complicated, and confusing, but at Louwrens Koen Attorneys, we aim to make it as easy as possible for you. Whether you are unsure if you have a criminal record or already have a copy, we can help you determine if you qualify for expungement and provide you with a free assessment of the time frames and costs involved.

Complete our online form and upload your criminal record report to get started. If you need a copy, we can assist you in obtaining one. To do so, you'll need to visit one of our 300+ fingerprint capture partners located throughout South Africa.

This is necessary because criminal record checks require a recent copy of your fingerprints, and capturing them is a 10-minute, walk-in free service. If you're not in South Africa or don't reside near one of our partners, contact us for further information.

Once we have your criminal record report, we will assess if you qualify to have your record expunged and notify you of your options, costs, and time frames to remove the record. If you choose to proceed, we will professionally prepare and lodge an application for expungement within three business days after receipt of the necessary documentation. You'll need to pay our invoice for the expungement application.

If we receive a Criminal Record Report with an adverse listing, we will assess whether you qualify to have your criminal record expunged and provide you with your options, costs, and time frames to remove the record. You may then choose to proceed, but you have no obligation to do so.

At Louwrens Koen Attorneys, we are committed to helping you navigate the process of expunging your criminal record. For more information, please visit our informative website or contact us via email or telephone.

Expunging a criminal record can be complicated, and confusing, but at Louwrens Koen Attorneys, we aim to make it as easy as possible for you. Whether you are unsure if you have a criminal record or already have a copy, we can help you determine if you qualify for expungement and provide you with a free assessment of the time frames and costs involved.

Complete our online form and upload your criminal record report to get started. If you need a copy, we can assist you in obtaining one. To do so, you'll need to visit one of our 300+ fingerprint capture partners located throughout South Africa.

This is necessary because criminal record checks require a recent copy of your fingerprints, and capturing them is a 10-minute, walk-in free service. If you're not in South Africa or don't reside near one of our partners, contact us for further information.

Once we have your criminal record report, we will assess if you qualify to have your record expunged and notify you of your options, costs, and time frames to remove the record. If you choose to proceed, we will professionally prepare and lodge an application for expungement within three business days after receipt of the necessary documentation. You'll need to pay our invoice for the expungement application.

If we receive a Criminal Record Report with an adverse listing, we will assess whether you qualify to have your criminal record expunged and provide you with your options, costs, and time frames to remove the record. You may then choose to proceed, but you have no obligation to do so.

At Louwrens Koen Attorneys, we are committed to helping you navigate the process of expunging your criminal record. For more information, please visit our informative website or contact us via email or telephone.

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.

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. Most expungement companies only assist up to the lodgement of the expungement application, whereafter you are left on your own to complete the process and to follow up.

The process take 12 -16 weeks from date of lodgment of your expungement application at the Department of Justice.  

I'd like to UPLOAD you my recent criminal report or Police Clearance for you to assess if I qualify to expunge my criminal record. We will get back to you within one business day. 

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If you meet the necessary criteria for each conviction and haven't been imprisoned within the last ten years (without the possibility of a fine), you can apply to remove all your convictions from your criminal record.  

Yes, it is legal to remove a criminal record in South Africa. Prior to 2009, individuals had to submit an application to the President to determine if their criminal record could be removed. However, the Criminal Procedure Amendment Act (65 of 2008) amended sections 2 and 3 of the South African Criminal Procedure Act (51 of 1977), making it legal to remove a criminal record through an administrative process if certain criteria are met.

Under the new law, individuals convicted of a minor offence, as determined by the type of sentence imposed 10 or more years ago, may qualify for expungement without needing a Presidential Pardon. The sentence must have been a suspended jail term, correctional supervision, or a fine that did not exceed R20,000.

This means that professional service providers can legally remove your criminal record through an administrative process with the Department of Justice based on specific criteria. The option for a Presidential Pardon application still exists for all criminal convictions that do not meet the standard 10-year expungement criteria.

Expunging a criminal record can be a challenging and complicated process that requires a thorough understanding of the legal system. As such, it is highly recommended that you seek the assistance of a professional service provider to help you expunge your criminal record.

Professional service providers are well-versed in the legal process of expunging criminal records and have a wealth of experience in dealing with the intricacies involved. They can guide you through the process, from determining whether or not you are eligible to have your record expunged to preparing and filing the necessary paperwork.

By entrusting your expungement to a professional, you can save yourself time and money in the long run. The process of expunging a criminal record can be lengthy and complex, and mistakes can result in months of delays or even a denial of your request. A professional service provider can ensure that the process is done the first time correctly, avoiding unnecessary delays and increasing your chances of success.

Moreover, having a criminal record can significantly limit your employment and educational opportunities and your ability to secure housing and loans. By expunging your record, you can improve your chances of obtaining gainful employment, advancing your education, and securing better housing and financing options.

In conclusion, utilising the services of a professional expungement service provider can save you time, money, and hassle while increasing your chances of success. So, if you are considering expunging your criminal record, it is highly recommended that you seek the assistance of a professional service provider.

Criminal records can be expunged only if the following criteria are met:

• Ten years have passed since the date of your criminal conviction
• You have not been convicted of any other offences and sentenced to a period of imprisonment without the option of a fine during the ten years since your original conviction.
• The fine imposed for the conviction did not exceed R20,000.
• You were not convicted of a sexual offence against a child or a person who is mentally disabled, and your name is not registered in the National Register for Sex Offenders.
• You were not found unsuitable to work with children by a criminal court, and your name is not included in the National Child Protection Register.
• You were not convicted of a crime on the base of race.
• You were convicted of an offence which would not be regarded as an offence in an open and democratic society based on human dignity equality and freedom under the democratic constitutional dispensation.

An expungement refers to the removal of criminal judgements on your criminal record. Many people have criminal records expunged in order to obtain visas and other statuses/documents. In the information on this page, we will be taking a look at what criminal record expungements are and how you can go about getting your records expunged.

When criminal records are expunged, it means that your criminal record is sealed and will not be indicated on a SAPS Police Clearance Certificate. It comes down to “wiping your slate clean,” making it look like you never had a criminal record, and unless you are specifically asked to do so, you do not have to declare that record.

 • Expungement removes the criminal record of your conviction from the Criminal Record Centre of the South African Police Service (SAPS).
• This allows a person to carry on with life without a criminal record being an obstruction to employment opportunities or a source of discrimination.
• An expunged record does not exist, which means you don’t need to declare it.
• Arrests are not recorded, only convictions for the purposes of a criminal record.
• Paying an admission of guilt fine also counts as a conviction,

 1. Theft, whether under the common law or a statutory provision, receiving stolen property knowing it to have been stolen or theft by false pretences, where the amount involved does not exceed R2 500.
2. Fraud, extortion, forgery and uttering or an offence referred to in the Prevention and Combating of Corrupt Activities Act, 2004 (Act 12 of 2004), where the amount involved does not exceed R1 500.
3. Malicious injury to property, where the amount involved does not exceed R1 500.
4. Common assault where grievous bodily harm has not been inflicted.
5. Perjury.
6. Contempt of court.
7. Blasphemy.
8. Compounding.
9. Crimen injuria.
10. Defamation.
11. Trespass.
12. Public Indecency.
13. Engaging sexual services of persons 18 years or older, referred to in section 11 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007).
14. Bestiality, referred to in section 13 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
15. Acts of consensual sexual penetration with certain children (statutory rape) and acts of consensual sexual violation with certain children (statutory sexual assault), referred to in and subject to sections 15 and 16 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.
16. Any offence under any law relating to the illicit possession of dependence producing drugs, other than any offence referred to in Item 17 of this Schedule, where the quantity involved does not exceed R500 in value.
17. Any other statutory offence where the maximum penalty determined by that statute is imprisonment for a period of no longer than three months or a fine for that period, calculated in accordance with the Adjustment of Fines Act, 1991 (Act 101 of 1991).
18. Any conspiracy, incitement or attempt to commit any offence referred to in this Schedule.

 1. Theft, whether under the common law or a statutory provision, receiving stolen property knowing it to have been stolen, or theft by false pretenses, where the amount involved exceeds R2 500.
2. Fraud, extortion, forgery and uttering or an offence referred to in the Prevention and Combating of Corrupt Activities Act, 2004 (Act 12 of 2004), where the amount involved exceeds R1 500.
3. Robbery, other than robbery with aggravating circumstances.
4. Malicious injury to property, where the amount involved exceeds R1 500.
5. Assault, involving the infliction of grievous bodily harm.
6. Public violence.
7. Culpable homicide.
8. Arson.
9. Housebreaking, whether under the common law or a statutory provision, with the intent to commit an offence.
10. Administering poisonous or noxious substance.
11. Crimen expositionis infantis (child abandonment).
12. Abduction.
13. Sexual assault, compelled sexual assault or compelled self-sexual assault referred to in sections 5, 6 and 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007), respectively, where grievous bodily harm has not been inflicted.
14. Compelling or causing persons 18 years or older to witness sexual offences, sexual acts or self-masturbation, referred to in section 8 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
15. Exposure or display of or causing exposure or display of child pornography or pornography as referred to in sections 10 or 19 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.
16. Incest and sexual acts with a corpse, referred to in sections 12 and 14 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.
17. Exposure or display of or causing exposure or display of genital organs, anus or female breasts to any person ('flashing'), referred to in sections 9 or 22 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
18. Violating a dead body or grave.
19. Defeating or obstructing the course of justice.
20. Any offence referred to in section 1 or 1A of the Intimidation Act, 1982 (Act 72 of 1982).
21. Any offence relating to criminal gang activities referred to in Chapter 4 of the Prevention of Organised Crime Act, 1998 (Act 121 of 1998).
22. Any contravention of section 2 of the Animals Protection Act, 1962 (Act 71 of 1962).
23. Any offence under any law relating to the illicit possession of dependence producing drugs, other than any offence referred to in Item 24 of this Schedule, where the quantity involved exceeds R500 but does not exceed R5 000 in value.
24. Any other statutory offence where the maximum penalty determined by that statute is imprisonment for a period exceeding three months but less than five years or a fine for that period, calculated in accordance with the Adjustment of Fines Act, 1991 (Act 101 of 1991).
25. Any conspiracy, incitement or attempt to commit any offence referred to in this Schedule.

1. Treason.
2. Sedition.
3. Murder.
4. Extortion, where there are aggravating circumstances present.
5. Kidnapping.
6. Robbery - (a) where there are aggravating circumstances; or (b) involving the taking of a motor vehicle.
7. Rape or compelled rape referred to in sections 3 and 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007), respectively.
8. Sexual assault, compelled sexual assault or compelled self-sexual assault referred to in sections 5, 6 and 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, involving the infliction of grievous bodily harm.
9. Sexual exploitation of children, sexual grooming of children and using children for or benefiting from child pornography, referred to in sections 17, 18 and 20 of the ACJR FACTSHEET – EXPUNGEMENT OF RECORD - CHILD 6 FACTSHEET 4 Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.
10. Exposure or display of or causing exposure or display of child pornography or pornography to children referred to in section 19 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, if that exposure or display is intended to facilitate or promote— (a) the sexual exploitation or sexual grooming of a child referred to in section 17 or 18 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively; or (b) the use of a child for purposes of child pornography or in order to benefit in any manner from child pornography, as provided for in section 20 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
11. Compelling or causing children to witness sexual offences, sexual acts or self-masturbation referred to in section 21 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007. 12. Sexual exploitation of persons who are mentally disabled, sexual grooming of persons who are mentally disabled, exposure or display of or causing exposure or display of child pornography or pornography to persons who are mentally disabled or using persons who are mentally disabled for pornographic purposes or benefiting therefrom, referred to in sections 23, 24, 25, and 26 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.
13. Trafficking in persons for sexual purposes referred to in section 71(1) and involvement in trafficking in persons for sexual purposes referred to in section 71(2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
14. Any offence referred to in Parts 1, 2 and 3 of Chapter 2 of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004).
15. Any offence relating to - (a) racketeering activities referred to in Chapter 2; or (b) the proceeds of unlawful activities referred to in Chapter 3, of the Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998).
16. The crimes of genocide, crimes against humanity and war crimes referred to in the Implementation of the Rome Statute of the International Criminal Court Act, 2002 (Act No. 27 of 2002).
17. Any offence under any law relating to— (a) the dealing in or smuggling of ammunition, firearms, explosives or armament; (b) the possession of firearms, explosives or armament.
18. Any offence referred to in section 13(f) of the Drugs and Drug Trafficking Act, 1992 (Act No. 140 of 1992).
19. Any offence of a serious nature if it is alleged that the offence was committed by a person, group of persons, syndicate or any enterprise, acting in the execution or furtherance of a common purpose or conspiracy.
20. Any offence under any law relating to the illicit possession of dependence producing drugs, other than an offence referred to in Item 21 of this Schedule, where the quantity involved exceeds R5 000 in value.
21. Any other statutory offence where the maximum penalty determined by that statute is imprisonment for a period exceeding five years or a fine for that period, calculated in accordance with the Adjustment of Fines Act, 1991 (Act No. 101 of 1991).
22. Any conspiracy, incitement or attempt to commit any offence referred to in this Schedule.

No. However in terms of Section 217B(1) of the Criminal Procedure Act, you can apply to have your criminal record expunged if: It has been 10 years since the date of your conviction (five years if you were 18 or younger at the time) It was a minor offence, such as petty theft or shoplifting. 

Yes. Although not recommended. Yes. Herewith is the steps to be followed.

Eligibility Criteria
To qualify for expungement in South Africa, certain criteria must be met:

• Time Passed: Generally, a specific period must have elapsed since the conviction or completion of the sentence.
• Nature of Offense: Certain offenses may not be eligible for expungement, especially serious crimes or those involving violence.
• Clean Record: Applicants must demonstrate good behavior and a clean record since the conviction.

Expungement Application Process
Step 1: Obtain the Necessary Forms
Applicants must obtain the relevant forms from the Department of Justice or the South African Police Service (SAPS). These forms typically include personal details, details of the conviction, and any relevant supporting documents.
Step 2: Complete the Forms
Applicants must accurately complete all sections of the forms, providing truthful information about the conviction and any subsequent conduct.
Step 3: Submit the Application
Once the forms are completed, applicants must submit them to the relevant authorities along with any required supporting documents, such as identification and proof of rehabilitation.
Step 4: Await Review
The application will undergo review by the authorities to determine eligibility for expungement. This process may take some time, depending on the workload of the reviewing agency.
Step 5: Receive Decision
Upon review, applicants will receive a decision regarding their expungement application. If approved, the criminal record will be cleared or sealed, allowing the individual to move forward without the stigma of past convictions.

1. Ineligibility:
   • If the applicant does not meet the eligibility criteria, such as the required waiting period (usually 10 years) since the conviction.
   • If the applicant has been convicted and sentenced to imprisonment without the option of a fine during the waiting period.
2. Incomplete Applications:
   • If the application form is not properly completed or lacks necessary information.
   • Missing supporting documents or evidence required for the expungement process.
3. Pending Legal Proceedings:
   • If there are ongoing legal proceedings related to the offense or conviction.
   • Expungement applications are generally not considered while legal matters are unresolved.
4. Multiple Convictions:
   • If the applicant has multiple convictions within the waiting period.
   • Expungement may be denied if there are other recent convictions.
5. Serious Offenses:
   • Certain serious offenses may not be eligible for expungement.
   • Crimes involving violence, sexual offenses, or crimes against children may be excluded.
6. Incorrect Procedure:
   • If the application is not submitted to the correct authority (e.g., Department of Justice and Constitutional Development).
   • Failure to follow the prescribed procedure for expungement.
7. Lack of Evidence:
   • If the applicant cannot provide sufficient evidence to support their case.
   • Evidence of rehabilitation or changed circumstances may be necessary.
8. Non-Compliance with Waiting Period:
   • If the applicant applies before the required waiting period has elapsed.
   • Expungement applications must align with the specified time frame.
9. Failure to Follow Up:
   • If the applicant does not follow up on their application or respond to inquiries promptly.
   • Delays in responding can affect the completion of the process.
10. Errors in Documentation:
    • If there are errors or discrepancies in the submitted documents.
    • Incorrect information or inconsistencies can lead to denial.

Remember that each case is unique, and it’s essential to consult legal professionals or relevant authorities for personalized advice regarding expungement applications. Rather let assist you in this important matter. 

While not mandatory, seeking legal guidance can streamline the expungement process and ensure its success.

Yes, individuals can apply to expunge apartheid-era records, rectifying historical injustices and seeking closure.

Expungement removes the stain of a criminal record, opening doors to employment opportunities and shielding against discrimination.

If you’re wondering whether you qualify for expungement of your criminal record, consider the following criteria:

1. Time Lapse: At least 10 years must have passed since the date of your conviction.
2. Clean Record: You should not have any other convictions during this period, nor should you have been sentenced to imprisonment without the option of a fine.
3. Original Sentence: Your original sentence should fall into one of the following categories:
   • Corporal punishment
   • Postponement
   • Caution and discharge
   • A fine of less than R20,000
   • Imprisonment with the option of a fine of less than R20,000
   • A wholly suspended sentence
   • Correctional supervision under section 276(1)(h) of the Criminal Procedure Act (with no prison time served)
   • Periodical imprisonment under section 276(1)© of the Criminal Procedure Act
   • Imprisonment under section 276(1)(i) of the Criminal Procedure Act (where one-sixth of the sentence was served in prison)

Additionally, if you were previously listed on the National Register of Sex Offenders or the National Child Protection Register (Part B), you must provide proof that your name has been removed from these registers.
Expungement of a criminal record allows you to move forward without the burden of a criminal history affecting employment opportunities and other aspects of life

In South Africa, if a criminal record has been expunged, the individual is generally not obligated to disclose this expunged record to a prospective employer. Here's why:

Legal Framework: The process of expungement, as defined by the Criminal Procedure Act, 1977, allows for the removal of a criminal conviction from the national criminal record database under certain conditions. Once a record is expunged, legally, it's as if the conviction never happened for most practical purposes.

Employer's Right to Know: While employers can conduct background checks, an expunged record should not appear in these checks. Therefore, legally, you are not required to disclose an expunged conviction because, in the eyes of the law, it no longer exists on your record.

Practical Application: However, honesty in employment applications is generally valued, and while not legally required to disclose an expunged record, how this plays out in practice might vary. Some employers might appreciate transparency, but legally, you stand on firm ground by not disclosing an expunged conviction.

If your criminal record has been legally expunged in South Africa, you are not under an obligation to disclose this to a prospective employer. This aligns with the intent of expungement laws, which aim to remove barriers to employment and reintegration into society.