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Expungement Removal Of A Criminal Record

Legal Aid South AfricaRef: https://legal-aid.co.za/2018/09/26/expungement-removal-of-a-criminal-record/

Official source

Source domain: legal-aid.co.za

Collected on 17 June 2026

Always confirm details on the official source before acting.

What this means

The document explains expungement of criminal records under the Criminal Procedure Act, 1977, detailing who may apply, to whom the application is submitted, and the eligibility criteria and disqualifications. It specifies conditions under which a conviction may be expunged, including time elapsed since conviction, type of sentence, conduct in the interim, and certain categories (race-based or politically motivated crimes) that may still qualify. It also lists situations that disqualify an applicant, such as non‑elapsed time, sexual offences against a child or disabled person, and current sex offender or child protection register status.

What this document offers

Read out of this document by Govermate's AI, in its own words. Each one quotes the line it came from — confirm on the official source before acting.

legal application for record clearanceOngoing

Expungement of a criminal record under the Criminal Procedure Act, 1977

Individuals with a criminal conviction over 10 years old may apply to have their record expunged if they were not sentenced to direct imprisonment (except for periodic imprisonment or correctional supervision), have no subsequent convictions in the past 10 years, and meet other criteria such as being convicted of a lesser serious crime, a politically motivated crime, or one based on race. The application must be submitted using Form A or Form B.

Who it is for: individuals with criminal records over 10 years old who meet eligibility conditions
How to act on it: Complete either Form A or Form B, depending on the nature of the conviction, and submit it to the Director General at the Department of Justice and Constitutional Development, either by post to Private Bag X 81, Pretoria 0001, or in person at Momentum Centre, 329 Pretorius Street, Pretoria

Facts

Reference

https://legal-aid.co.za/2018/09/26/expungement-removal-of-a-criminal-record/

Key Takeaways

reference: Criminal Procedure Act, 1977 (Act 51 of 1997)
applicant: Director General, Department of Justice and Constitutional Development (as prescribed in Part I of the application form)
eligibility criteria: 10 years since conviction, no direct prison sentence except periodic imprisonment/correctional supervision, no subsequent convictions in 10 years, certain types of sentences allowed
disqualifications: insufficient time since conviction (with exceptions), sexual offences against child/mentally disabled person, listed on National Register for sex offenders or National Child Protection Register
special categories: race-based convictions or offences not considered offences in a democratic society
application process: expungement applications submitted to the Director General, DoJ and CD