COVID-19 : Expungement of criminal records for persons who paid admission of guilt fines

President Cyril Ramaphosa recently assented to the Judicial Matters Amendment Act, 2023, a piece of legislation that marks a significant turning point for thousands of South Africans currently burdened by minor criminal records. While many amendments in this Act address technical and practical changes to existing laws, several provisions offer a profound "fresh start" for individuals who previously believed their records were permanent.

Relief for COVID-19 Regulation 

ViolationsOne of the most impactful changes introduced by the 2023 Act is the provision for the expungement of criminal records for persons who paid admission of guilt fines for violating State of Disaster Regulations during the COVID-19 pandemic. During the National State of Disaster, thousands of citizens were arrested or fined for minor infractions. According to the sources, these admissions of guilt previously resulted in a criminal record that could obstruct employment and travel opportunities. The new Act recognises the unique circumstances of that period, allowing these specific records to be cleared.

New Powers Regarding Admission of Guilt Fines

The Act also introduces a forward-looking mechanism to prevent minor offences from staining a person's record in the future. The Minister of Justice and Constitutional Development is now empowered, after due consultation, to determine certain categories of offences where paying an admission of guilt fine will not result in a criminal record at all.

Crucially for those with existing records, the sources state that once the Minister has identified these categories, individuals who already have a criminal record for those identified offences will have them expunged. This shift aims to make the justice system more responsive and ensures that minor infractions do not lead to the long-term social and economic exclusion often associated with a criminal history.

How Professional Assistance Navigates These Changes

While these legislative updates are a major victory for justice, the sources emphasise that the administrative process for expungement remains complex and potentially time-consuming. Applications typically require hand-delivery to the Department of Justice and can take several months to finalise.

At Criminal Record Expungement Services (Pty) Ltd (CRES), we are uniquely equipped to help you benefit from these recent changes. As a firm owned and managed by a practising attorney with over 25 years of experience, we provide the legal expertise necessary to ensure your application aligns with the new 2023 criteria. We assist through the entire journey—from obtaining your clearance certificate to following up in person with the authorities—ensuring you achieve a clean slate as efficiently as possible.

Don't let a minor mistake from the past define your future; the law has changed, and we are here to help you claim the relief you deserve.