In 2009 certain amendments were effected to the Criminal Procedure Act allowing individuals, with criminal records, in certain circumstances to apply to the department of Justice in Pretoria formally for the Expungement or clearance of their criminal record.
Not all criminal records can and will be cleared but certain requirements must be met.
Your criminal record can be removed on application in terms of the Criminal Procedure Act in the following circumstances:
If your sentence was not for direct imprisonment;
A period of 10 years has lapsed since the date of conviction;
If you were sentenced for the following:
• Politically motivated crimes
• An offence based on race
• An offence which would not be regarded as an offence in an open and democratic
society based on human dignity, equality and freedom under the democratic
If you have not been convicted and imprisoned for any other offence during those 10 years without the option of a fine.
As a base requirement, your record must be older than 10 years and no direct imprisonment and or a fine imposed should not have exceeded R20,000.00 before you will qualify for the Expungement.
Our services include the following:
First consultation (free of charge) in order to determine if you qualify for the removal of your criminal record;
Applying for a Police Clearance Certificate from the SAPS Criminal Record Centre;
Drafting and lodging of a formal application in terms of the Criminal Procedure Act to the Department of Justice and Constitutional Development for the Expungement of your criminal record;
Obtaining a confirmation certificate from the SAPS Criminal Record Centre that your record was removed, including a clear Police Clearance Certificate.
Depending on your personal circumstances, which can only be determined after the proper consultation and gathering of all the relevant information, we can proceed with the necessary steps to be taken.
Estimated costs for the application can vary per application.