Can you have your record cleared?

WHEN CAN YOU APPLY FOR AN EXPUNGEMENT?

When a period of 10 years has passed after the date of the conviction for that offence.

When the person has not been convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years.

When the sentence was corporal punishment.

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

When the sentence was a fine not exceeding R20 000.

When the sentence was imprisonment with the option to pay a fine (not more than R20 000) instead of serving the period of imprisonment.

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.

A PERSON WILL NOT QUALIFY FOR AN EXPUNGEMENT IF:

His or her name is included in the National Register for Sex Offenders or the National Child Protection Register and his or her name has not been removed from the National Register for Sex Offenders or the National Child Protection Register.

When a person was sentenced to direct imprisonment.

When a fine of more than R20 000 was imposed.

When a period of 10 years has not lapsed after the date of the conviction.

When a person was sentenced to direct imprisonment (the imprisonment was not suspended and there was not the option of a fine) during the relevant 10 year period.

WANT TO KNOW MORE ABOUT THE EXPUNGEMENT PROCESS?

Phone us today on +27 12 679 2900 or send us an email below.

Contact Us