A criminal conviction can affect some employment, immigration and other applications, but a clear record is not a universal requirement for every job or journey. Whether a conviction can be expunged depends on the applicable legal criteria and your individual record.
Everything You Need to Know About Clearing Your Criminal Record
Clearing a criminal record is a lengthy process. Just because you have the desire to have it expunged doesn’t mean you can accomplish it. So, before you dive into the process, this is everything you need to know about a criminal record.
What is Considered a Criminal Record in South Africa?
It’s important to note that you don’t need to go to court to end up with a criminal record. You may be arrested on a minor charge and sign an admission of guilt.
Something many South Africans are unaware of is that by signing an admission of guilt – which is usually accompanied by paying a fine at a police station – you receive a criminal record. Therefore, it’s important to distinguish between bail and an admission of guilt. In many cases, police officers will suggest you sign an admission of guilt to avoid having to spend time in jail or a holding cell. However, before you sign this type of document, consider speaking with a lawyer. Because once you sign that admission of guilt – unless you’re being prosecuted under AARTO – you will end up with a criminal record.
Can I Find A Job With a Criminal Record?
Employers may carry out criminal-record checks where relevant to a role. A conviction does not automatically bar every applicant from employment. If you believe a recruitment decision unfairly discriminates against you, seek advice about the specific circumstances rather than assuming that every refusal is unlawful.
Can I Travel with a Criminal Record?
Each country has unique entry requirements, which means you will have to verify if your criminal record will be checked before you make any plans when travelling abroad. In some instances, you will need to provide this type of information on a voluntary disclosure form.
Visa and immigration requirements differ by destination and visa type. SAPS can issue a police clearance certificate that records whether convictions exist; having a conviction does not itself prevent the certificate from being issued.
Does a Criminal Record Expire in South Africa?
A criminal record does not automatically expire after ten years. Section 271B permits an application for expungement of qualifying convictions once at least ten years have passed, subject to the sentence, intervening convictions and other statutory conditions.
How Do I Remove or Clear my Criminal Record?
If at least ten years have elapsed since conviction and you meet the statutory requirements, you can apply for expungement using the process below. The passage of time or difficulty finding work alone does not establish eligibility.
Step 1: Determine if You’re Eligible to Have Your Criminal Record Cleared
The Department of Justice lists the detailed eligibility requirements. At least ten years must have passed since conviction, and during that period you must not have been convicted and sentenced to imprisonment without the option of a fine. The sentence must fall within an eligible category, such as those below; these alternative sentence categories are not all required at once. Register-related exclusions also apply.
- Ten years have elapsed since you were convicted for the offence.
- You have not been sentenced or convicted without the option of a fine in the ten years since your last conviction.
- Your sentence was corporal punishment.
- Your sentencing was postponed, or you were cautioned and discharged.
- Your imprisonment was wholly suspended.
- Your sentence was a fine that does not exceed R20,000.
- You can provide proof that you have been removed from the National Register of Sex Offenders or the National Child Protection Register (if relevant)
Step 2: Complete Form J744
If you meet the above preconditions, you can visit the Department of Justice’s website and complete the J744 form. When completing this form, you will need to fill in personal information like your ID number, name, surname, and contact details in addition to details relating to your convictions, including the types of convictions you’ve received and the dates when these convictions took place.
You can download the English version of the J744 form here.
Step 3: Attach Relevant Supporting Documentation
Attach the required original SAPS clearance or criminal-record report showing the conviction and sentence. SAPS lists a police clearance certificate fee of R190 and a police clearance report for expungement fee of R95. Confirm which document Justice requires for your application, submit original fingerprints and the required identity documents, and use SAPS’s current payment instructions.
You can take these documents to SAPS, and they can post the application form, along with your fingerprints, to the Criminal Record and Crime Scene Management, or you can post it yourself using the details below.
The Head: Criminal Record and Crime Scene Management (For attention: Police Clearance Certificates)
Private Bag X308
PRETORIA
South Africa
0001
SAPS gives an approximate processing time of 15 working days after receiving a complete clearance application, excluding postal time; backlogs or incomplete documents can cause delays.
Step 4: Mail The Information
After you have received your PCC, you will either need to hand-deliver your documents or mail your documents to the Director-General for the Department of Justice and Constitutional Development.
If you decide to mail it, you can send it to:
Director-General: Department of Justice and Constitutional Development:
Private Bag X81,
Pretoria,
0001
Also Read: How to Check Criminal Record Online in South Africa
The Department of Justice gives a processing period of 60 working days after receiving a complete application. If approved, the expungement certificate is sent to SAPS’s Criminal Record Centre within 14 working days; allow 21 working days for SAPS to process it and then request confirmation. These periods can be affected by incomplete information or queries.
But if it is declined, you will receive a confirmation letter detailing why it was denied.
If you have any additional queries regarding having your criminal record expunged, you can email the Department of Justice and Constitutional Development at expungements@justice.gov.za.
