An individual’s criminal record can be legally cleared and removed from the National Criminal Register through the process of expungement. The list of requirements is many that must be satisfied to possibly qualify for a clearance. All the tips and tricks for Criminal record expungement south Africa are presented in this article.
So read this article to know all the details of how the Expungement of Criminal records in South Africa is possible.
Eligibility Criteria for Expungement in South Africa – Factors You Need to Consider
- Ten years should have passed since the day you were found guilty of the offense before making the application.
- You were given a sentence that either involved community service or a weekend lockup from Friday to Sunday.
- During those ten years, you haven’t received a prison term without the option of a fine for any other offense. You received the following punishment:
- There were small charges for petty offenses.
- Crimes with a “political or ideological aim or motive to inflict harm” are those with a political motivation.
- Your race was a factor in your conviction.
- You were found guilty of a crime that most people would believe to be insignificant or nonexistent.
Factors Affecting Eligibility for Clearance Criminal Record Expungement South Africa
- You were found guilty of a sexual offense against a minor or a person with mental impairment.
- Unless it has been deleted from the National Register, your name can be found on either the National Register for Sexual Offenders or the National Child Protection Register.
- In serious circumstances, there is no chance of paying a fine.
There are several organizations you may get in touch with to pay someone else to file for the erasure of your criminal record. A person also has the option of completing their application and visiting the Department of Justice and Constitutional Development on their own.
Procedure for Criminal record expungement South Africa
Follow these steps to have your criminal record expunged:
- To verify the specifics and dates of the offense, a Police Clearance Certificate from the Criminal Record Centre of the South African Police Service must be acquired, demonstrating a ten-year gap between any convictions and sentences.
- Fill out the criminal record expungement application and include any required supporting documents. The application must also have the clearance certificate attached.
- Justice and Constitutional Development: The Director-General must be sent or personally given the completed application form and any supporting documents.
Private Bag X 81 Private Mail Address
The verdicts and sentences will be erased if the Director-General is convinced that the conditions have been met and issues a certificate of expungement. The South African Police Service’s Criminal Record Centre will get a certificate of expungement. The applicant will get a written notification from the head of the criminal record center that his convictions and sentences have been erased. Please be aware that this procedure typically takes 20 to 28 weeks.