Have you been arrested and convicted?, Do you have a criminal record?.if the answer is yes!.....then you must definitely read this.
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.
Before submitting the application for expungement of a conviction, a clearance certificate showing that a period of 10 years has lapsed after the conviction(s) and sentence(s), must be obtained from the Criminal Record Centre of the South African Police Service. The clearance certificate must be attached to the application.
If the person’s name has been included in the National Register for Sex Offenders, a confirmation must be obtained from the Registrar that his or her name has been removed from the Register. The confirmation or a certified true copy of the confirmation must be attached to the application.
If the person’s name has been included in the National Child Protection Register, a confirmation must be obtained from the Director- General: Social Development that his or her name has been removed from the Register. The confirmation or a certified true copy of the confirmation must be attached to the application.
The completed application form (Part II and Part III), together with the attachments must be posted or delivered by hand to the Director-General: Justice and Constitutional Development at:
1. Postal Address: Private Bag X 81 Pretoria 0001
2. Street Address: Momentum Centre, 329 Pretorius Street (corner of Pretorius and Prinsloo streets), Pretoria 0001
If the Director-General is satisfied that a person meets the requirements set out in section 271B(1) of the certificate of expungement issued by the Director-General will be submitted to the head of the Criminal Record Centre of the South African Police Service within 14 working days.
If the application for expungement is refused, you will be informed by post of this decision and reasons for the decision.
The head of the Criminal Record Centre of the South African Police Service will, within 21 working, days confirm to the applicant in writing that the conviction(s) and sentence(s) in question has/have been "expunged".
Note: Failure to complete the form in full or to attach the required documents may cause the application for expungement to be delayed.
You can apply to have your criminal record expunged when:
1. a period of 10 years has passed after the date of the conviction for that offence.
2. you have not been convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years.
3. The sentence was a corporal punishment.
4. The sentence was postponed or you were cautioned and discharged.
5.The sentence was a fine not exceeding R20 000.
6. The sentence was imprisonment with the option to pay a fine (not more than R20 000) instead of serving the period of imprisonment.
7.The sentence of imprisonment was suspended wholly.
8.The sentencewas correctional supervision in terms of section 276(1)(h) of the Act.
9.The sentence was imprisonment in terms of section 276(1)(i) of the Act.
10.The sentence was periodical imprisonment in term of section 276(1)(c) of the Act.
11.proof is provided that your name has been removed from the National Register of Sex Offenders or the National Child Protection Register, if relevant or applicable.
You can find information on the steps to take and documents to submit on the website of the Department of Justice and Constitutional Development
Application form examples below (image)
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