Question 1

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

Accepted Answer

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.

Question 2

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

Accepted Answer

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.

Question 3

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

Accepted Answer

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.

Question 4

Does a criminal record fall away automatically after 10 years?

Accepted Answer

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.

Understanding Criminal Record Expungement in South Africa.