You remove a criminal record in South Africa by applying to the Department of Justice and Constitutional Development to have the conviction expunged under section 271B of the Criminal Procedure Act 51 of 1977. Ten years must have passed since the conviction and sentence, and the sentence must fall within the categories the Act allows, such as a fine of R20 000 or less, a wholly suspended prison sentence, or correctional supervision.
Expungement means the State deletes the conviction from the criminal record centre database, so it no longer appears on police clearance certificates. Convictions that do not qualify, such as serious offences or sexual offences against children, can only be cleared through a presidential pardon. This guide explains who qualifies, how to apply step by step, and the mistakes that delay or derail applications.
What Expungement Actually Does
When a court convicts you, the conviction and sentence are recorded in the Criminal Record Centre database of the South African Police Service. That record surfaces in police clearance checks for jobs, visa applications, and professional licensing. Expungement is the formal removal of that entry by the Director-General of Justice.
Once the record is expunged, you may legally state that the conviction never happened for most purposes, because the entry itself is deleted. Expungement is not a pardon. A pardon forgives the offence but does not delete the record in the same way, and the two processes run through entirely different channels.
Who Qualifies Under Section 271B
Section 271B of the Criminal Procedure Act sets a 10-year waiting period and limits expungement to less serious outcomes. The Department of Justice publishes detailed guidance and the application form on its expungements page. The broad categories are set out below.
| Sentence imposed | Eligible for expungement? |
|---|---|
| Fine of R20 000 or less | Yes, after 10 years |
| Imprisonment, wholly suspended | Yes, after 10 years |
| Correctional supervision | Yes, after 10 years |
| Caution and discharge, or postponed sentence | Yes |
| Imprisonment actually served | No, apply for a presidential pardon instead |
| Sexual offences against children or mentally disabled persons | No |
| Trafficking in persons | No |
The 10 years run from the date of conviction and sentence, not from the date you finished paying the fine or completed the suspended period. If you were convicted of more than one offence on separate occasions, each conviction must qualify on its own facts.
How to Apply for Expungement, Step by Step
- Confirm your criminal record. Obtain a police clearance certificate or a confirmation of your criminal record from the SAPS Criminal Record Centre so you know exactly what convictions are recorded against you.
- Check that 10 years have passed. Count 10 years from the conviction and sentence date for each matter you want expunged.
- Get your fingerprints taken. Have a full set of fingerprints taken at a police station, typically on the prescribed SAPS fingerprint form, because the Criminal Record Centre verifies the record against prints.
- Complete the expungement application form. Download the form from the Department of Justice and Constitutional Development, complete it in full, and attach the required supporting documents, including a certified copy of your ID.
- Submit the application to the Department of Justice. Post or hand-deliver the application to the Department’s expungement section in Pretoria, and keep proof of submission.
- Wait for the outcome. The Department verifies the sentence with the courts and SAPS, then issues a certificate of expungement once the record is deleted. Follow up in writing if you hear nothing.
There is no government fee for lodging an expungement application. The main cost is usually the fingerprint and clearance process, and any attorney’s fees if you use one to prepare and chase the application.
How Long Expungement Takes
Honest ranges matter here. The Department itself cautions that processing times vary, and in practice applications commonly take several months from submission to a certificate of expungement. The timeline depends on how quickly the Criminal Record Centre confirms your prints and how quickly the sentencing court responds to the Department’s verification query.
Files that are incomplete, or where the recorded sentence is unclear, take longer because they bounce between offices. A complete application with accurate case numbers and a clear sentence moves faster.
When You Need a Presidential Pardon Instead
If you served an actual term of imprisonment, or your offence is excluded under section 271B, expungement is not available. The alternative is an application for a presidential pardon under section 84(2)(u) of the Constitution, made to the President through the Department of Justice.
Pardons are discretionary. There is no fixed waiting period in the regulations, no guarantee of success, and processing can take years. Strong applications show rehabilitation, a clean record since the offence, and supporting documents such as employment records and community references.
Common Mistakes to Avoid
- Applying before 10 years have passed. The application fails on the arithmetic alone. Count from conviction and sentence, not from when you paid the fine.
- Assuming a paid fine disappears. Paying a fine does not remove the conviction. The record stays until it is formally expunged.
- Using the wrong form. The expungement form is specific to section 271B. Pardon applications, police clearance applications, and record-check requests are different processes with different forms.
- Leaving out fingerprints. The Criminal Record Centre cannot verify the record without a full set of prints, and unverified applications stall.
- Mixing up expungement and pardon. People who served real prison time waste months on expungement applications that cannot succeed.
- Disclosing incorrectly on job applications. Until the certificate of expungement is issued, the conviction still exists and can still surface. Ask a lawyer how to answer screening questions honestly in the meantime.
Get help clearing a criminal record. Otrebski Attorneys handles expungement and presidential pardon applications from its Sandton office, and its criminal defence team can check your eligibility before you file. Call 060 500 3098 or book an appointment.
Frequently Asked Questions
How long does it take to expunge a criminal record in South Africa?
Expungement applications commonly take several months from submission to the issuing of a certificate of expungement, because the Department of Justice must verify the sentence with the sentencing court and the SAPS Criminal Record Centre. Complete applications with a full set of fingerprints and accurate case details move fastest.
Can a criminal record be expunged before 10 years?
No, not under section 271B of the Criminal Procedure Act. Ten full years must pass after the conviction and sentence before the Department of Justice may expunge the record, and the waiting period is counted from the sentence date, not from the date a fine was paid or a suspended sentence expired.
Does paying a fine remove the criminal record?
No. Paying a fine settles the sentence, but the conviction remains on the SAPS Criminal Record Centre database until it is formally expunged. A fine of R20 000 or less qualifies for expungement after 10 years, which is why the waiting period is counted from the conviction and not the payment.
Will an expunged record still show on a police clearance certificate?
No. Once the Director-General issues the certificate of expungement and the record is deleted, the conviction no longer appears on police clearance certificates issued afterwards. Certificates issued before the expungement are not retracted, so apply for new clearances only after deletion is confirmed.
What if I served prison time and want my record cleared?
Section 271B expungement is not available where imprisonment was actually served. The only route is an application for a presidential pardon to the President through the Department of Justice, which is discretionary, has no guaranteed timeline, and is strongest where the applicant can show clear rehabilitation.
Disclaimer. This article is general information, not legal advice for a specific matter. Confirm current expungement requirements and forms with the Department of Justice and Constitutional Development, and consult an admitted attorney before applying.