All applications for expungement of criminal records in terms of the Criminal Procedure Act, 1977, are to be submitted to the Director General: Department of Justice and Constitutional Development as prescribed in Part I of the relevant application form.
Frequently Asked Questions
What you need to know
You will only be able to apply for a Criminal Record expungement if:
- A period of 10 years has passed after the date of the conviction for that offence, and there has been no subsequent conviction(s)`
- You have not been convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years.
- You were sentenced to the following sentence:
- Minor crimes
- Politically motivated crimes
- You’re convicted of an offence based on race
- Convictions of crimes of a serious nature, such as murder, rape and other sexual offences, armed robbery, and assault with the intention to do serious bodily harm, do not qualify for criminal record expungement
- When the sentence was postponed, or the person was cautioned and discharged.
- You were given the option of paying a fine (R20,000 or less)
- You were advised that paying a fine would not result in a criminal record, but have subsequently discovered the existence of your criminal record
- When the sentence of imprisonment was suspended wholly.
- When the proof is provided that a person’s name has been removed from the National Register of Sex Offenders or the National Child Protection Register, if relevant.
You will not qualify if:
- When a period of 10 years has not lapsed after the date of the conviction.
- When a person was sentenced to direct imprisonment.
- Serious cases where the sentence is one of imprisonment without the option of a fine for example robbery, rape, murder and assault with the intention to do grievous bodily harm.
- When a fine of more than R20 000 was imposed.
- If you were convicted of a sexual offence against a child or a mentally disabled person.
- If your name is included in the National Register for sex offenders or the National Child Protection Register. You may however qualify if your name has been removed from the National Register
- If you were imprisoned for an offence, which was not a political offence and or based on race
What you need to know
Apostille (also known as notarial and authentication) is the term given to the authentication of the seals and signatures of officials on public documents. In order to be valid for international use, birth certificates, notarial, court orders and any other document issued by a public authority must be apostilled.What you need to know
Now that you have applied for your visa to UAE, and waiting for your application to be processed, please take note of the following:- Visas usually take 4 working days to process, but can take up to 7 working days as per UAE immigration laws.
- You’ll be told by email when your application has been decided.
- Once your application has been approved you will be granted an electronic visa (or eVisa). This means you will not have a physical visa label in your passport.
- You will receive via email your visa approval letter will include your visa details.
- You should print your eVisa letter, keep it in a safe place, and carry it with you when you travel.
When will a PCC not be issued?
When a person is endorsed as wanted, a certificate will not be issued until the wanted status is removed from the person’s name.When will you need an apostille?
Apostilles are needed when requiring stamped documents for use in countries that are parties to the Hague Apostille Convention. Any country not appearing on this list is not a signatory and as such documents cannot be apostilled for that country and will instead have to be authenticated/attested.Where can these documents be legalised and attested?
The majority of documents that are required to be attested can only be attested in Pretoria as this is where DIRCO (The Department of International Relations and Cooperation a.k.a Foreign Affairs) is located. In order for documents to be attested they have to go to one or more of the following places:- Notary Public and the High Court
- Departments of Basic and Higher Education as well as Umalusi
- HPCSA (Health Professions Council of South Africa)
- DIRCO
- The Relevant Embassy / Consulate