Criminal Law

Expungement of Criminal Record

Expungement is the official process of clearing a criminal record. Once expunged, the offence does not appear on a police clearance certificate, allowing a fresh start.

Legal Definition

Governed by Section 271B of the Criminal Procedure Act and the Criminal Procedure Amendment Act 2 of 2016, expungement allows eligible persons to have their criminal record cleared. Eligibility: sentence of imprisonment without option of fine of less than 24 months, or a fine of not more than R20 000; five years must have passed since sentence completion; no subsequent conviction.

📖 Constitutional / Statutory Basis: Section 10 (human dignity), Constitution of the Republic of South Africa, 1996; Criminal Procedure Act 51 of 1977 s271B

Practical Example

You were convicted of shoplifting 10 years ago and received a R500 fine. You apply to the Department of Justice for expungement. Once granted, employers doing background checks see no criminal record.

Frequently Asked Questions

How do I apply for expungement?

Apply to the Department of Justice and Constitutional Development using Form 1 in Schedule 5 of the CPA, with relevant court documents and a fee.

Does expungement apply to all crimes?

No. Sexual offences where the complainant was under 18, and offences resulting in imprisonment exceeding two years, cannot be expunged.

How long does expungement take?

Typically three to six months after a complete application is submitted.

Related Terms

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