What is the expungement procedure?
This is the process of clearing a criminal record and removing it from your personal record to give you the opportunity to start with a new and clean record.
A person may apply for the expungement (removal, clearing or rescission) of their criminal record if:
• Ten years has lapsed after the date of the conviction for that offence
• The person has not been convicted of any other offence and sentenced to a period of imprison- ment without the option of a fine during those 10 years
A person will not qualify if:
• He or she was convicted of a sexual offence against a child or a person who is mentally disabled or of
an offence, where he or she was found to be unsuitable
to work with children
• His or her name is included in the National Register for Sex Offenders or the National Child Protection Register
may qualify if his or her name has been removed from the National Register for Sex Offenders or the
National Child Protection Register
Process
Before submitting the application for expungement of a conviction, a clearance certificate showing that a period of 10 years has lapsed after the conviction(s) and sentence(s) must be obtained from the Criminal Record Centre of the South African Police Service.
The clearance certificate must be attached to the application.
If the person’s name has been included in the National Register for Sex Offenders, a confirmation must be obtained from the Registrar that his or her name has been removed from the Register.
The confirmation or a certified true copy of the confirmation must be attached to the application.
If the person’s name has been included in the National Child Protection Register, a confirmation must be obtained from the Director- General: Social Development that his or her name has been removed from the Register.
The confirmation or a certified true copy of the confirmation must be attached to the application.
The completed application form, together with the attachments must be posted or delivered by hand to the Director-General: Justice and Constitutional Development:
Postal Address: Private Bag X 81 Pretoria 0001 or Street Address: Momentum Centre, 329 Pretorius Street (corner of Pretorius and Prinsloo Streets), Pretoria 0001
For more information or clarification contact Captain Debbie Ferreira at Richards Bay Police Station on 035 9012494.
