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09:00 to 15:00 Week days  012 6709022 or 012 0040894 or 012 0040963


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Expungement  or Removal of a Criminal Criminal Record in terms of the Criminal Procedure Act, 1977 (Act 51 of 1997)  means that the record  is sealed and the details are not revealed  in for example a “Police Clearance certificate”. It is a procedure which results in the lawful clearance and removal of a criminal record on an individual’s record from the National Criminal Register.

 For all practical purposes the offence can be handled as if it never happened. Legally you do not have to declare the offence unless asked.




Enquire now about our service for Expungement of

South AfricanCriminal Record.



Process       Information Needed       Lead Time       Cost and Fees       Knowledge Base


 Criteria for Exungement   When Needed



Information and documents needed for Expungement of a Criminal Record

 • Follow procedure to obtain Police Clearance Certificate ( Obtain 2 sets of  ingerprints)     and apply for police Clearance.

 • Download and Complete Expungement Application

 • Download and complete Client sheet and appointment.


Process to apply for Expungement of a Criminal Record.

 • Obtain Police Clearance Certificate that shows conviction.

 •  Follow instructions

 • Complete and Courier application with application for Police Clearance to us.

 • We will lodge application for police Clearance.

 •  On receipt of police Clearance we will lodge application for  at the Department of      Justice.

  • We will supply you with a proof of lodge and contact details.

  • You follow up with Department of justice.

  • On notification of Expungement we will apply for a final police clearance which   will     show your record cleared.


Processing Time - Indication

• Initial police Clearance Certificate        8     weeks

• Department of Justice                          20   weeks

• Criminal Record centre                         6     weeks

• Final Police Clearance                          4     weeks


  Cost and Fees :


Under which circumstances can a criminal record be expunged ?

 • Ten (10) Years has lapsed after the date of the conviction for that offence.

 • If The person has not been convicted of any other offence and sentenced to a period of     imprisonment without the option of a fine during those 10 years.

• When the sentence was imprisonment with the option to pay a fine (not more than

   R 20 000) instead of serving the period of imprisonment.

 • If the fine imposed did not exceed R 20,000

 • Was not convicted of a sexual offence against a child or a person who is mentally     disabled, and  whose name is not  included in the National Register for Sex Offenders.

 • Was not found unsuitable to work with children by a criminal court and my name is not    Included in the National Child Protection Register.

 • Was convicted on the base of race

 • He or she was convicted of a offence which would not be regarded as a offence in a    open and   democratic society based on human dignity equality and freedom under the    democratic constitutional dispensation.

• When the sentence was corporal punishment.

• When the sentence was postponed, or the person was cautioned and discharged.

• When the sentence of imprisonment was suspended wholly.

• When the sentence was correctional supervision in terms of section 276(1)(h) of the

  Act.

• When the sentence was imprisonment in terms of section 276(1)(i) of the Act.

• When the sentence was periodical imprisonment in term of section 276(1)(c) of the

   Act.

• When proof is provided that a person’s name has been removed from the National

  Register of Sex Offenders or the National Child Protection Register, if relevant.

You received a sentence where you were either imprisoned from Friday 18:00 to Sunday   18:00, or a community-based sentence.

  • You were sentenced to the following sentence:

    ••Minor crimes – for which there were minor charges.

    •• Politically motivated crimes; these are crimes where there is “political or ideological        intention or motivation to cause harm”.

    •• Your conviction was based on your race.

    •• You were convicted of an offence which would democratically be considered as a        minor or no offence.


A PERSON WILL NOT QUALIFY IF:

• His or her name is included in the National Register for Sex Offenders or the National

  Child Protection Register.

• Confirmation stating that your name has been removed from the National Register

   for Sex Offences or the National Child Protection Register if your name has been

   included in any of these registers.

When Needed

Expungement is needed when a criminal offence hampers the persons chances of employment, immigration or work visas.



 Knowledge Base

Applications are to be submitted to the Director General: Department of Justice and Constitutional Development as prescribed in Part I of the relevant application form. (Postal address: Director General: Dept of Justice and Constitutional Development, Private Bag X 81, Pretoria 0001. Physical address: Momentum Centre, 329 Pretorius Street, Pretoria.) All applications received in this regard will be referred to the Office of the Chief Litigation Officer.


Expungement of a Criminal Record in terms of the Child Justice Act, 2008 (Act 75 of 2008) 87 Expungement of records of certain convictions and diversion orders

(1) (a) Where a court has convicted a child of an offence referred to in Schedule 1 or 2, the conviction and sentence in question fall away as a previous conviction and the criminal record of that child must, subject to subsections (2), (3) and (5), on the written application of the child, his or her parent, appropriate adult or guardian (hereafter referred to as the applicant), in the prescribed form, be expunged after a period oftime.Applications for expungement of diversions in terms of the Child Justice Act, 2008 (Act No 75 of 2008), should be submitted to the Department of Social Development.


STEPS DURING AN APPLICATION

The completed applications form (Part II and Part III), together with the attachments must be posted or delivered by hand to the Director-General:  Department of Justice and Constitutional Development: Postal Address:  Private Bag X81, Pretoria, 0001. Street Address: Momentum Centre, 329 Pretorius Street, Pretoria, 0001

If the Director-General is satisfied that a person meets the requirements, he or she will issue a certificate of Expungement directing that the conviction(s) and sentence(s) of the person be expunged—this process takes approximately 3 months.

The certificate of Expungement issued by the Director-General will be submitted to the head of the Criminal Record Centre of the South African Police Service within 14 working days after the Director-General issued it.

If the application for Expungement is refused, the person will be informed by post of this decision and reasons for the decision.

The head of the Criminal Record Centre of the South African Police Service will, within 21 working days after his or her receipt of the certificate of Expungement, confirm to the person in writing that the conviction(s) and sentence(s) in question has/have been expunged.

www.justice.gov.za/expungements.html


The completed application form and attached documentation must be posted or delivered by hand to the Director-General: Justice and Constitutional Development:


Postal Address: Private Bag X 81

Pretoria

0001


Street Address: Momentum Centre

329 Pretorius Street (corner Pretorius & Prinsloo streets)

Pretoria

0001


If the Director - General is satisfied that a person meets the requirements they will issue a certificate of expungement directing that the convictions and sentences be expunged.

A certificate of expungement will be issued to the Criminal Record Centre of the South African Police Service.

The Head of the Criminal Record Centre will inform the applicant in writing that his convictions and sentences have been expunged.

Please note this process usually takes about 20 – 28 weeks.

To be completed by a person who has been convicted of certain offences in terms of legislation prior to 1994

These include:

section 1 of the Black Land Act, 1913 (Act No. 27 of 1913)

section 12 of the Development Trust and Land Act, 1936 (Act No. 18 of 1936)

section 5(1), read with section 5(2), of the Blacks (Urban Areas) Consolidation Act, 1945 (Act No. 25 of 1945)

section 6, read with section 6(2), of the Blacks (Urban Areas) Consolidation Act, 1945 (Act No. 25 of 1945)

section 8(1), read with section 8(3), of the Coloured Persons Settlement Act, 1946 (Act No. 7 of 1946)

section 2 of the Prohibition of Mixed Marriages Act, 1949 (Act No. 55 of 1949)

section 4 of the Prohibition of Mixed Marriages Act, 1949 (Act No. 55 of 1949)

section 11 of the Internal Security Act, 1950 (Act No. 44 of 1950)

section 10(6) of the Black Building Workers Act, 1951 (Act No.27 of 1951)

section 10(7) of the Black Building Workers Act, 1951 (Act No.27 of 1951) ;section 11(4) of the Black Building Workers Act, 1951 (Act No.27 of 1951)

section 14 of the Black Building Workers Act, 1951 (Act No.27 of 1951)

section 15 of the Black Building Workers Act, 1951 (Act No.27 of 1951)

section 16 of the Black Building Workers Act, 1951 (Act No.27 of 1951)

section 20(1) of the Black Building Workers Act, 1951 (Act No.27 of 1951)

section 28(7) of the Black Building Workers Act, 1951 (Act No.27 of 1951

section 29(1) of the Black Building Workers Act, 1951 (Act No.27 of 1951)

section 30 of the Black Building Workers Act, 1951 (Act No.27 of 1951)

section 15 of the Blacks (Abolition of Passes and Co-ordination of Documents) Act, 1952 (Act No. 67 of 1952)

section 2 of the Criminal Law Amendment Act, 1953 (Act No. 8 of 1953)

section 2(2) of the Reservation of Separate Amenities Act, 1953 (Act No. 49 of 1953)

section 16 of the Sexual Offences Act, 1957 (Act No. 23 of 1957)

section 46 of the Group Areas Act, 1966 (Act No. 36 of 1966)

section 2 of the Terrorism Act, 1967 (Act No. 83 of 1967)

section 3 of the Terrorism Act, 1967 (Act No. 83 of 1967)

section 2, read with section 4(1), of the Prohibition of Foreign Financing of Political Parties Act, 1968 (Act No. 51 of 1968)

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