TERMS AND CONDITIONS OF SERVICE
1.1. Entity: CRES is a private company incorporated in the Republic of South Africa (Registration Number to be provided upon request). 1.2. Private Consultancy: CRES is a private consultancy and administrative service provider. We are not a government agency, the South African Police Service (SAPS), or the Department of Justice (DoJ). 1.3. Legal Practice Act Disclaimer: CRES is owned and managed by a practicing attorney with over 25 years of experience. However, the services rendered through this platform are administrative and facilitative in nature.
Important: The use of this website or the engagement of CRES does not constitute a formal attorney-client relationship as envisaged by the Legal Practice Act 28 of 2014. A formal professional mandate is only established if a separate written agreement is signed with the attorney's legal practice directly, outside the scope of this administrative platform.
2.1. CRES assists individuals in navigating the expungement process, specifically focusing on the Judicial Matters Amendment Act, 2023, including relief for COVID-19 regulation violations and admission of guilt fines. 2.2. No Guarantee of Outcome: While we provide expert facilitation, the final decision to grant expungement rests solely with the Director-General of the Department of Justice and Constitutional Development.
3.1. Fees: All fees are quoted in South African Rand (ZAR) and are payable in advance unless a written payment plan is agreed upon. 3.2. Cooling-off Period: In accordance with the Consumer Protection Act (CPA), you have a 5-day cooling-off period from the date of payment to cancel your instruction for a full refund, provided CRES has not yet commenced work. 3.3. Work-in-Progress: Once CRES has requested a SAPS69 report or drafted application documents, services are deemed "commenced." Refunds after this point will be pro-rated, deducting an administrative fee of R850.00 per hour for work performed.
4.1. You warrant that all information provided is accurate and that you have not withheld details of any other pending criminal matters. 4.2. You are responsible for the delivery of original fingerprints or certified documents to our offices via courier at your own cost.
5.1. Accountability: CRES is a "Responsible Party" as defined by the Protection of Personal Information Act 4 of 2013 (POPIA). 5.2. Consent: By using our services, you provide express consent for CRES to process your "Special Personal Information," which includes:
Biometric information (fingerprints).
Criminal history and record findings.
Identity and contact details.
6.1. Data is collected solely to facilitate your expungement application. 6.2. Third-Party Disclosure: To fulfill our service, your data will be shared with the Department of Justice, SAPS, and accredited verification agencies (e.g., Afiswitch). We do not sell or rent your data to any other third parties. 6.3. Security: We employ industry-standard encryption and physical security measures to protect your sensitive legal documents.
7.1. You have the right to access, correct, or request the deletion of your personal information. 7.2. Data Retention: We retain your data only for as long as necessary to fulfill the legal service or as required by South African law for financial and record-keeping purposes.
CRES, its directors, and employees shall not be liable for any indirect or consequential loss arising from delays within government departments or changes in national legislation. Our total liability is limited to the amount of fees paid by the client.
This agreement is governed by the laws of the Republic of South Africa. Any disputes shall be referred to arbitration in Pretoria under the rules of the Arbitration Foundation of Southern Africa (AFSA).
Full Name: Criminal Record Expungement Services Proprietary Limited (CRES).
Main Business: Legal administrative and expungement facilitation.
Website: https://www.clear-criminal-record.co.za.
Contact Email: info@clear-criminal-record.co.za.
