A criminal record is the formal entry that the South African Police Service keeps on a person once they have been convicted of a criminal offence. It is not a single document but a record held on the central database of the SAPS Criminal Record Centre in Pretoria, and it follows a person long after the court matter has been finalised. The record is what shows up when an employer, a foreign embassy, a professional body, or a firearms licensing officer runs a background check.
Understanding what a criminal record is, how it arises, and what it does to a person’s legal position matters for anyone who has ever been arrested, paid an admission of guilt fine, or been convicted in a South African court. The consequences reach into employment, travel, professional registration, and the right to keep or obtain a firearm, and they continue until the conviction is removed by operation of law or through expungement.
This article sets out what a criminal record is in South African law, the types of entries that can appear on it, the practical legal implications it carries, and how a conviction can be cleared under section 271B of the Criminal Procedure Act 51 of 1977.
What a Criminal Record Actually Is
In South Africa the phrase “criminal record” refers to the conviction information that the South African Police Service maintains on its central criminal record database, administered by the Criminal Record Centre. The record is built up from convictions returned by the criminal courts and from certain admissions of guilt, and it is the source against which every police clearance certificate is issued.
It is not the same thing as an arrest, a charge, or an acquittal. A person who has been arrested but not convicted does not, on that basis alone, have a criminal record. A person who has been charged and then acquitted has no criminal record arising from that charge. The criminal record attaches to a conviction, whether that conviction follows a trial and a guilty verdict or follows the payment of an admission of guilt fine under section 57 of the Criminal Procedure Act.
The record typically carries the convicted person’s personal details, fingerprints, the case number, the court that convicted them, the offence, the date of conviction, and the sentence imposed. It is held indefinitely unless the conviction is expunged.
How a Criminal Record Arises
A criminal record arises in two main ways in South African law. The first and most obvious is a conviction by a criminal court after a trial, or after a plea of guilty. Once the court enters a conviction and passes sentence, the conviction is transmitted to the SAPS Criminal Record Centre for entry onto the database.
The second, and often misunderstood, route is the admission of guilt fine. When a person is arrested for an offence and is offered the option of paying an admission of guilt fine under section 57 of the Criminal Procedure Act, paying that fine amounts to a conviction. The matter never goes to court, but a criminal record is created all the same. Many people first discover they have a criminal record years later, when a police clearance for a job or a visa application discloses an old admission of guilt fine they had long forgotten about.
- Conviction after trial or plea. A court finds the person guilty, or the person pleads guilty, and the court convicts and sentences. The conviction is recorded by SAPS.
- Admission of guilt fine under section 57. The person pays a fine instead of going to court. The payment is treated as a conviction and creates a criminal record.
- Section 57A written notice. A summons or written notice that offers admission of guilt, paid before any court appearance, similarly results in a record.
An arrest without more, a withdrawn charge, or a finding of not guilty does not produce a criminal record. The record is tied to the conviction, not to the contact with the criminal justice system.
Types of Entries on a Criminal Record
The criminal record does not distinguish neatly between “serious” and “minor” convictions in the way people often assume. The database records the offence for which the person was convicted, the date, and the sentence, regardless of whether the matter went to trial or was finalised by an admission of guilt fine. What matters for most practical purposes is the offence itself, the sentence, and how long ago the conviction occurred.
- Traffic-related convictions. Drinking and driving, reckless or negligent driving, and driving while disqualified commonly appear, often after an admission of guilt fine in less serious cases.
- Theft and property offences. Petty theft, shoplifting, fraud, and housebreaking are recorded, and they are taken seriously by employers and financial institutions.
- Violent offences. Assault, common robbery, attempted murder, and other offences against the person appear on the record and carry the heaviest reputational and legal consequences.
- Drug-related offences. Convictions under the Drugs and Drug Trafficking Act 140 of 1992 are recorded and can have specific consequences for travel and professional registration.
- Commercial and white-collar offences. Fraud, forgery, uttering, and corruption convictions are particularly damaging for roles involving money, trust accounts, or fiduciary duties.
Legal Implications of a Criminal Record
A criminal record has consequences that reach well beyond the courtroom. The conviction can affect a person’s ability to work, to travel, to register in a profession, and to hold a firearm licence, and those effects can last for decades.
Employment. Many South African employers run criminal background checks, and roles in financial services, security, healthcare, education, child-care, and government often require a clear record. The National Credit Act regime and sector-specific regulators (such as the Financial Sector Conduct Authority) impose fitness and probity requirements that a conviction can affect. Some convictions, such as fraud or theft, are particularly damaging for positions involving money or trust.
Travel and immigration. A criminal record can limit international travel. The United States, Canada, Australia, and the Schengen states each apply their own rules, and a conviction, even an old one, can lead to a visa refusal or to additional steps such as police clearances, rehabilitation certificates, or waivers. Some countries treat an admission of guilt fine as a conviction for these purposes.
Professional registration. Statutory bodies such as the Legal Practice Council, the Health Professions Council of South Africa, and the South African Institute of Chartered Accountants require disclosure of convictions and may impose their own fitness-to-practise consequences. A conviction can delay or block registration, and non-disclosure is usually treated as a separate and more serious misconduct issue.
Firearms. Under the Firearms Control Act 60 of 2000, a conviction, and in some cases even a pending charge, can disqualify a person from obtaining or renewing a firearm licence. Certain offences listed in Schedule 2 to the Act carry mandatory disqualifications, and the SAPS Registrar takes the criminal record into account in any competency certificate application.
Expungement of a Criminal Record Under Section 271B
South African law does allow a criminal record to be cleared in certain circumstances. The mechanism is expungement under section 271B of the Criminal Procedure Act 51 of 1977, inserted by the Criminal Procedure Amendment Act 65 of 2008. Expungement directs the Head of the Criminal Record Centre to remove the record of a conviction from the central database.
Section 271B sets two core requirements. First, a period of at least 10 years must have elapsed since the date the sentence was completed. Second, the conviction must not have resulted in a sentence of direct imprisonment. The 10 years is counted from completion of the sentence, not from the date of conviction, so a fine paid off over time, or a suspended sentence that is still running, will postpone the start of the period.
Certain offences are excluded from expungement in all circumstances, regardless of the sentence. The list includes offences where a sentence of direct imprisonment was imposed, as well as offences with sexual elements and serious scheduled offences. An expungement application is made administratively to the Department of Justice and Constitutional Development, not to the court, and is decided on the papers without a hearing.
Expungement is not the same as a pardon. A presidential pardon under section 84 of the Constitution forgives the offence but does not, on its own, remove the record. Expungement, by contrast, removes the record but does not overturn the conviction. The two operate on different parts of the legal consequence and are sometimes needed together.
How to Check Your Own Criminal Record
Before any application for expungement, and before any honest disclosure to an employer or an embassy, it is essential to know what is actually on the record. The reliable way to do this is to apply for a police clearance certificate at any SAPS station, on the SAPS 91(a) form, with a set of fingerprints and the prescribed fee.
The certificate is issued by the Criminal Record Centre and lists each conviction, the case number, the court, the offence, and the sentence. Reading it carefully matters: the exact offence description, the sentence, and the date the sentence was completed are the facts that will determine whether expungement is available and whether a disclosure is legally required in a particular context.
Frequently Asked Questions
What is a criminal record in South Africa?
A criminal record is the formal entry that the South African Police Service keeps on a person once they have been convicted of a criminal offence. It is held on the central database of the SAPS Criminal Record Centre and includes the offence, the date of conviction, the court, and the sentence. An arrest, a charge, or an acquittal does not by itself create a criminal record.
Does paying an admission of guilt fine give you a criminal record?
Yes. Paying an admission of guilt fine under section 57 of the Criminal Procedure Act 51 of 1977 amounts to a conviction and creates a criminal record, even though the matter never goes to court. The conviction is recorded at the SAPS Criminal Record Centre and will appear on police clearance certificates until it is expunged.
How long does a criminal record last in South Africa?
A criminal record is held indefinitely unless it is expunged. Under section 271B of the Criminal Procedure Act, a conviction can be expunged once at least 10 years have passed since the sentence was completed and the sentence did not involve direct imprisonment. Some offences are excluded from expungement in all circumstances.
Can a criminal record be removed in South Africa?
Yes, in qualifying cases. Expungement under section 271B of the Criminal Procedure Act 51 of 1977 removes the record of the conviction from the SAPS criminal record database. The application is made to the Department of Justice and Constitutional Development, supported by fingerprints and a police clearance certificate. Expungement does not overturn the conviction itself.
How does a criminal record affect employment in South Africa?
Many employers run criminal background checks, and roles in finance, security, healthcare, education, child-care, and government often require a clear record. Convictions for fraud, theft, or offences of dishonesty are particularly damaging for positions involving money or trust. Statutory regulators such as the Financial Sector Conduct Authority impose fitness and probity requirements that a conviction can affect.
Get help with a criminal law matter. If you need to understand a criminal record, check what is on it, or apply for expungement under section 271B of the Criminal Procedure Act, the Criminal Law department at Otrebski Attorneys can assist. We are a 100% women-led firm with a Level 4 B-BBEE rating, rated 5 stars across 12 reviews, working from our single Sandton office under Director Nastasja Otrebski.
Disclaimer. This article is general information about criminal records and expungement under section 271B of the Criminal Procedure Act 51 of 1977 in South Africa, not legal advice for a specific matter. Eligibility for expungement depends on the exact offence, the sentence imposed, and the date the sentence was completed, all of which must be confirmed from a police clearance certificate before any application is made. For advice on a particular conviction, consult a qualified attorney or Legal Aid South Africa.