Guide: Steps to clear your criminal record

Certain criteria need to be met in order for you to qualify to apply to clear your criminal record.

The removal or clearing of a criminal record from the National Criminal Register is done through a procedure called expungement. Here’s how to find out if you qualify and the steps to take.

WHAT TO DO TO CLEAR YOUR CRIMINAL RECORD?

In terms of the Criminal Procedure Act, 1977, you have the right to apply to clear your criminal record. This application can be made to the Director-General of the Department of Justice and Constitutional Development. Find out the criteria that qualify you to apply.

DO YOU QUALIFY TO CLEAR YOUR CRIMINAL RECORD?

Those who qualify for expungement need to meet the following criteria:

• The date of your conviction should be 10 years before you apply for expungement
• During those 10 years, you have not been sentenced or imprisoned for another offence without the option of a fine
• Your sentence was corporal punishment
• Your sentence was postponed, suspended or you were released with a warning
• Your sentence was imprisonment with the option to pay a fine not above R20 000 instead of jail time
• Your sentence was correctional supervision
• Your sentence was imprisonment or periodical imprisonment
• Your sentence was for minor crimes or politically motivated crimes
• Your sentence was imprisonment for a short period or community-based
• Your conviction was based on your race
• Your conviction was due to an offence democratically considered minor or no offence

WHO DOES NOT QUALIFY?

Here’s the list of those who don’t qualify to apply to clear their criminal record.

• You are on the National Register for sex offenders
• You are on the National Child Protection Register
• You were convicted of a sexual offence against a child or a person who is mentally-challenged
• Serious cases of imprisonment without the option of a fine

WHAT TO DO IF YOU QUALIFY?

If you qualify you can proceed to apply directly to the Department of Justice and Constitutional Development or other organisations.

Firstly, you need to obtain a Police Clearance Certificate showing that you have been convicted for at least 10 years. It will confirm the dates and details of your offence. The certificate can be obtained from the South African Police Service’s (SAPS) Criminal Record Centre.

Attach the completed application with the Police Clearance Certificate and other required documents. All these can then be posted or delivered by hand to the Director-General: Justice and Constitutional Development.

The postal address to send or deliver them to is: Private Bag X 81, Pretoria, 0001. The street address is: Momentum Centre, 329 Pretorius Street (corner Pretorius & Prinsloo streets), Pretoria, 0001.

WHAT HAPPENS AFTER YOU APPLY TO CLEAR YOUR CRIMINAL RECORD?

A certificate of expungement will be issued if you meet the requirements, directing that your sentence and conviction be expunged. This certificate will also be issued to the SAPS Criminal Record Centre.

You will then be informed by the Head of the centre that your criminal record has been cleared. This whole process takes about 20 to 28 weeks.