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.

You will only be able to apply for a Criminal Record expungement if:

  1. A period of 10 years has passed after the date of the conviction for that offence, and there has been no subsequent conviction(s)`
  2. You have not been convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years.
  3. You were sentenced to the following sentence:
    1. Minor crimes
    2. Politically motivated crimes
  4. You’re convicted of an offence based on race
  5. 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
  6. When the sentence was postponed, or the person was cautioned and discharged.
  7. You were given the option of paying a fine (R20,000 or less)
  8. You were advised that paying a fine would not result in a criminal record, but have subsequently discovered the existence of your criminal record
  9. When the sentence of imprisonment was suspended wholly.
  10. 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:

  1. When a period of 10 years has not lapsed after the date of the conviction.
  2. When a person was sentenced to direct imprisonment.
  3. 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.
  4. When a fine of more than R20 000 was imposed.
  5. If you were convicted of a sexual offence against a child or a mentally disabled person.
  6. 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
  7. If you were imprisoned for an offence, which was not a political offence and or based on race