You can apply for expungement of your criminal record in terms of the Criminal Procedure Act, 1977, to the Director-General: Department of Justice and Constitutional Development.
Expungement of a criminal record is a process by which a criminal record of a convicted offender is removed from the criminal record database of the Criminal Record Centre of the South African Police Service.
This allows you to carry on with life without a criminal record being an obstruction to employment opportunities.You can apply to have your criminal record expunged when:
- a period of 10 years has passed after the date of 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 10 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 imprisonment.
- 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.