Who May Qualify for Expungement?

Eligibility for expungement depends on several factors established by the legislation. While every case is unique, the following general criteria apply:

Nature of the Offence

The type of offence plays a central role in determining eligibility. Offences are broadly categorised into less serious offences (Schedule 1) and more serious offences (Schedules 5, 6, 7, and 8). Certain serious offences, including sexual offences involving minors, are excluded from expungement entirely.

The Sentence Imposed

The sentence that was handed down at the time of conviction is a key factor. For example, convictions that resulted in imprisonment without the option of a fine are treated differently from those where a fine was imposed. The length of any prison sentence also affects eligibility and the applicable waiting period.

The Waiting Period

South African law prescribes a mandatory waiting period that must elapse before an application for expungement can be submitted. This period is calculated from the date the sentence was completed – not the date of conviction. The duration of the waiting period depends on the classification of the offence and the sentence:

  • Convictions resulting in a fine or a suspended sentence are generally subject to a 10-year waiting period.
  • Convictions resulting in imprisonment typically require a longer waiting period, depending on the duration of the sentence.
  • Certain minor offences may qualify for shorter waiting periods under specific circumstances.

Important DisclaimerThe information above is provided as a general educational overview. Eligibility depends on the specific facts of each case. A professional evaluation of the actual criminal record is required before any determination can be made.