Expungement Eligibility Criteria

Eligibility for criminal record expungement in South Africa depends on several factors including the type of offence, sentence received, and time elapsed. Below is general eligibility information based on current legislation:

You can apply to have your criminal record expunged when:

  • ten years have passed after the conviction for that offence.
  • you have not been convicted and sentenced to a period of imprisonment without the option of a fine during those ten years.
  • the sentence was corporal punishment.
  • the sentence was postponed, or you were cautioned and discharged.
  • the sentence was a fine not exceeding R20 000.
  • the sentence was imprisonment with the option to pay a fine (not more than R20 000) instead of serving the period of incarceration. 
  • the sentence of imprisonment was suspended wholly.
  • the sentence was correctional supervision in terms of section 276(1)(h) of the Act.
  • the sentence was imprisonment in terms of section 276(1)(i) of the Act.
  • the sentence was periodical imprisonment in term of section 276(1)(c) of the Act.
  • proof is provided that your name has been removed from the National Register of Sex Offenders or the National Child Protection Register, if relevant.

Cases That Generally Do Not Qualify: 

  • Sexual offences
  • Offences against children
  • Sentences exceeding prescribed limits
  • Certain violent crimes
  • Ongoing or pending cases

 Note: This is general information only. Each case is assessed individually based on specific circumstances. Take the free eligibility assessment for personalised information.

TAKE FREE ELIGIBILITY ASSESSMENT