Criminal Record vs Civil Judgment South Africa — What's the Difference?
A criminal record and a civil judgment both appear on background checks and affect your life — but they arise from different legal processes and are cleared in different ways.
Criminal Record
A record of a criminal conviction maintained by SAPS. It appears on a police clearance certificate and affects employment in security, education, finance, and other regulated fields.
When it applies: You are convicted of a criminal offence by a court — even for a minor offence like shoplifting or traffic violation resulting in imprisonment.
Law: Criminal Procedure Act 51 of 1977; expungement under s 271B
Example: Convicted of theft in 2015. A background check reveals the conviction. Employer refuses to hire you for a position of trust.
Civil Judgment
A court order in civil proceedings that you owe a debt. Recorded at credit bureaus and the court roll. Affects credit applications and financial trust.
When it applies: You are sued for a debt (credit card, personal loan, rent) and either default on the summons or lose the case.
Law: Magistrates' Courts Act 32 of 1944; Prescription Act 68 of 1969 (30 years for judgments)
Example: Bank obtained a judgment against you for R80 000 in 2020. Your credit record shows the judgment. You cannot qualify for a bond.
Key Differences at a Glance
| Aspect | Criminal Record | Civil Judgment |
|---|
| Source |
Criminal court conviction |
Civil court judgment (debt or damages) |
| Record holder |
SAPS Criminal Record Centre |
Credit bureaus (Experian, TransUnion, XDS, Compuscan) and court roll |
| Duration on record |
Permanently until expunged |
5 years on credit record; 30 years as court judgment (unless rescinded) |
| How to clear |
Expungement application to Dept of Justice |
Pay the debt; apply to court for rescission; notify credit bureaus |
| Effect on employment |
Security vetting, teaching, finance — major obstacle |
Credit-sensitive roles; affects bond applications |
Frequently Asked Questions
Can I get a civil judgment removed from my credit record without paying?
No — to have a judgment rescinded, you must show grounds (e.g., improper service, the debt is prescribed) and usually also pay or settle the debt.
Does paying a civil judgment automatically remove it from my credit record?
No. You must pay the debt, obtain proof of payment, apply to court for rescission of the judgment, and then notify the credit bureau to remove it.
Does a traffic fine go on my criminal record?
Paying a fine without contesting it is an admission of guilt — it appears on your criminal record. For traffic fines paid under AARTO, the record is different. For s57 admissions, it goes on your criminal record.