How long must I wait to expunge my criminal record in South Africa?

Generally, ten years must have passed since the date of the conviction before you can apply for expungement, provided you have not been sentenced to direct imprisonment without the option of a fine during that period.

Do I qualify if I paid an admission of guilt fine?

Yes, many admission of guilt fines result in a criminal record that can be expunged. Certain COVID-19 related admission of guilt fines may now be eligible for immediate expungement under the Judicial Matters Amendment Act.

Can a record be expunged if the fine was over R20,000?

If the sentence was a fine exceeding R20,000, it generally does not qualify for the standard administrative expungement process. In such cases, a Presidential Pardon may be the only available legal route.

Does a criminal record fall away automatically after 10 years?

No. While a record may 'fall away' for courtroom sentencing purposes, it remains on the SAPS National Criminal Register until a formal Section 271B expungement application is successfully processed.

Privacy Policy - Clear Criminal Record

Privacy Policy: Criminal Record Expungement Services (Pty) Ltd

Last Updated: January 2026

1. Introduction and Scope

This Privacy Policy outlines how Criminal Record Expungement Services Proprietary Limited (“CRES”) collects, uses, and protects your personal information. CRES is a private company incorporated in South Africa.

Important Disclosure: CRES is a private legal consultancy. We are not the South African Police Service (SAPS), the Department of Justice (DoJ), or any other government agency. We provide private assistance to facilitate the legal process of expungement.

By using our website (https://www.clear-criminal-record.co.za) and engaging our services, you agree to the processing of your personal information as described herein.

2. Information We Collect

To provide expert legal assistance for expungement, particularly under the Judicial Matters Amendment Act, 2023, we must process specific categories of data:

Enquiry Information: Name, email address, phone number, and brief details regarding your conviction to assess eligibility.
Service Information: Identity number, date of birth, gender, and race (required for SAPS/DoJ administrative forms).
Special Personal Information: As defined by Section 26 of POPIA, we process criminal history and biometric data (fingerprints) to facilitate the expungement application.
Legal Documentation: Signed Power of Attorney and Indemnity forms allowing us to act on your behalf.

3. Purpose of Processing

We use your information strictly for the following:

Verifying your eligibility for expungement (e.g., assessing COVID-19 regulation violations).
Liaising with the Criminal Record Centre (CRC) and the Department of Justice.
Managing the administrative lifecycle of your application.
Communicating updates regarding your "Fresh Start" status.

4. Data Sharing and Third Parties

CRES does not sell or rent your data. However, to fulfill our service, we share information with:

The Department of Justice and SAPS: To submit formal expungement applications.
Accredited Verifiers: Such as Afiswitch, for fingerprint processing and criminal record checks.
Professional Managed Services: Our internal legal team and secure cloud storage providers.

5. Your Rights Under POPIA

As a "Data Subject" in South Africa, you have the following rights:

Access: You may request a copy of the personal information we hold about you.
Correction: You may update inaccurate or incomplete information.
Objection: You may object to the processing of your data (though this may result in the termination of our services).
Deletion: You may request that we delete your data once the legal retention period has expired.

6. Security Measures

While no online platform is 100% secure, CRES employs industry-standard encryption and organizational safeguards. Our firm is managed by a practicing attorney with 25 years of experience, ensuring that confidentiality and legal privilege are maintained at the highest level.

7. Contact Details and Information Regulator

For any queries regarding your data, please contact our Information Officer at our head office.

Information Regulator South Africa:If you feel your rights have been infringed, you may lodge a complaint with the Regulator:

Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg.
Email: complaints.IR@justice.gov.za

8. ECT Act Disclosures

In accordance with Section 43 of the ECT Act:

Full Name: Criminal Record Expungement Services Proprietary Limited (CRES).
Website: https://www.clear-criminal-record.co.za.
Legal Status: Private Company.
Place of Registration: Republic of South Africa.