The South African legal system recognises that mistakes made during youth should not necessarily haunt an individual for their entire adult life. While the Criminal Procedure Act generally requires a 10-year waiting period for adults, the Child Justice Act 75 of 2008 establishes a separate framework with significantly more favourable timelines for those who committed offences while under the age of 18.
Shorter Waiting Periods for Juvenile Offenders
One of the most vital distinctions for juvenile offenders is the reduced timeline for rehabilitation. Depending on the nature of the offence, the waiting period to apply for expungement is often much shorter than the standard decade required for adults:
• Schedule 1 Offences:
You only need to wait 5 years from the date of conviction to apply for expungement. This category includes minor infractions such as common assault, petty theft (under R2,500), and trespassing.
• Schedule 2 Offences: These require a 10-year waiting period. This schedule covers more serious offences such as arson, housebreaking, and theft exceeding R2,500.
• Exceptional Circumstances:
In certain cases, an application can be made before the 5 or 10-year period has passed if it can be demonstrated to the Minister of Justice that "exceptional circumstances" exist.
The Destruction of Fingerprints: A Permanent Clean SlateA crucial detail often overlooked in standard expungement discussions is the handling of biometric data. Under Section 87(4) of the Child Justice Act, once a certificate of expungement is issued, the National Commissioner of Police is legally mandated to destroy the fingerprints of the child. This ensures that the record of the offence is not merely "hidden" but that the physical evidence of the arrest is permanently removed from the system.Procedural Nuances for ChildrenThe application process for those convicted as children also differs in its final steps. For adult applications, the Director-General typically submits the expungement certificate directly to the Criminal Record Centre (CRC). However, under the Child Justice Act, the applicant themselves (or their parent/guardian) must submit the certificate to the head of the CRC to finalise the removal of the record.
Important Exclusions and RequirementsWhile the Child Justice Act offers a path to redemption, there are strict limitations:• Serious Crimes: Convictions for Schedule 3 offences, which include serious crimes such as murder, rape, and armed robbery, cannot be expunged through this administrative process.
• National Registers: If the applicant’s name was placed on the National Register for Sex Offenders or the National Child Protection Register, they must first provide proof that their name has been formally removed from these registers before the expungement application can be successful.
