Criminal record expungement is a legal process through which a person's criminal record can be officially cleared. Once a record has been successfully expunged, it is removed from the national criminal database maintained by the South African Police Service (SAPS), and the individual is no longer required to disclose it.
The legal basis for expungement in South Africa is found in Section 271B of the Criminal Procedure Act 51 of 1977 (as amended by the Criminal Procedure Amendment Act 65 of 2008). This legislation sets out specific criteria that determine whether a conviction qualifies for removal, including the nature of the offence, the sentence imposed, and the amount of time that has passed since the conviction.
Expungement is not automatic. It requires a formal application to the relevant authority, supported by the correct documentation and legal motivation. This is where professional assistance can make a meaningful difference.
