Frequently Asked Questions

Clear answers about criminal record expungement in South Africa—who may qualify, what documents are needed, how long it can take and what CRR can do for you.

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18 questions

01 Do I qualify to have my criminal record expunged?

Eligibility depends on the date of conviction, the sentence imposed, later convictions and the type of offence. For the standard adult process, the usual starting point is that at least 10 years have passed and the sentence falls within section 271B of the Criminal Procedure Act.

Take our free eligibility test for an initial assessment. It is not a final legal determination; the Department of Justice makes the decision on an application.

02 Is criminal record expungement legal in South Africa?

Yes. Expungement is provided for in sections 271B to 271D of the Criminal Procedure Act 51 of 1977, with separate provisions also applying under the Child Justice Act. If an application is approved, the Department of Justice issues a certificate directing the SAPS Criminal Record Centre to expunge the qualifying conviction and sentence.

03 What does “expungement” mean?

Expungement is the lawful removal of a qualifying conviction and sentence from the criminal-record database maintained by the SAPS Criminal Record Centre. It is not the same as deleting a news article, court file or information held by an unrelated third party.

04 What are the standard 10-year eligibility requirements?

The Department of Justice says the standard route generally requires:

  • At least 10 years since the conviction;
  • No conviction and sentence of direct imprisonment without the option of a fine during that period; and
  • A qualifying sentence, such as a caution and discharge, a wholly suspended prison sentence, correctional supervision, periodical imprisonment, or a qualifying fine.

A fine above R20,000 and direct imprisonment ordinarily fall outside this standard route. Other legislation or remedies may still need to be assessed.

05 What if I do not meet the standard 10-year requirements?

Not qualifying for the standard route does not always mean that nothing can be done. Different rules may apply to childhood convictions, certain admission-of-guilt matters, withdrawn or pending-case records, convictions under historic discriminatory laws, or applications requiring a different legal remedy.

Start with the eligibility assessment so the record and sentence can be considered correctly.

06 Which documents are normally required?

The documents depend on the application route. A standard application commonly requires identity information, the prescribed application form and a SAPS clearance certificate reflecting the conviction. The Department of Justice states that the clearance certificate must be issued after the relevant 10-year period. Additional court records or proof relating to the National Register for Sex Offenders or National Child Protection Register may be required in applicable cases.

07 Can I submit an expungement application myself?

Yes. The Department of Justice’s expungement service is free, and applicants may submit the prescribed forms directly. CRR is an optional paid support service for people who want help checking eligibility, obtaining and reviewing documents, preparing the application and tracking its progress.

08 What does CRR handle for me?

Depending on the package selected, CRR can assist with eligibility screening, criminal-record checks, document collection and review, application preparation, submission support, progress tracking and client updates. The final decision and the government processing stages remain with the Department of Justice and the SAPS Criminal Record Centre.

See how the process works.

09 What if I have more than one conviction?

Each conviction and sentence must be assessed. More than one conviction does not automatically prevent an application, but every conviction included must satisfy the relevant legal route and supporting-document requirements. A combination of processes may be necessary.

10 Can CRR help if I have already applied?

Yes, CRR can review the available paperwork and current status to determine what assistance is practical. Depending on what has already been submitted, the next step may be a follow-up, correcting or completing documents, or preparing a fresh application. We will explain the recommended route before additional work begins.

11 How long does criminal record expungement take?

The Department of Justice currently advises that its stage takes about 60 working days after a complete application is received. If approved, the certificate is then sent to the SAPS Criminal Record Centre, which completes the removal and confirmation stage. Obtaining preliminary documents, incomplete applications and government backlogs can extend the overall timeline.

Current package information is available on our services page.

12 Can the government process be fast-tracked?

No representative can guarantee priority from the Department of Justice or SAPS. The Department states that matters are handled in order of receipt and that agencies do not receive preference. CRR can reduce avoidable delays by preparing documents promptly, checking the application for completeness and responding quickly when further information is requested.

13 How much does criminal record expungement cost?

The Department of Justice does not charge for its expungement service. CRR charges separately for optional professional assistance and any selected supporting services, such as obtaining records, preparing documents and managing the process. See our current transparent pricing before deciding whether you want assistance.

14 Is approval guaranteed?

No ethical provider can guarantee a government decision. Approval depends on the law, the accuracy of the record, the sentence and the supporting documents. CRR assesses eligibility and prepares applications carefully, but the Department of Justice makes the decision. Any CRR money-back protection is governed by the published guarantee terms.

15 What happens after an application is approved?

The Department of Justice issues a certificate of expungement and submits it to the SAPS Criminal Record Centre. The Criminal Record Centre removes the qualifying conviction and sentence and should provide written confirmation. Keep the confirmation safely, as it can help if an old result later appears in a third-party database.

16 Will an expunged conviction still appear on background checks?

Once the SAPS Criminal Record Centre has completed the expungement, the qualifying conviction should no longer appear on a new SAPS criminal-record result. Independent databases may not update immediately. If stale information appears, the written expungement confirmation can be used to request correction.

17 Are there special rules for sexual offences or child-protection registers?

Yes. Where applicable, the Department requires proof that the person’s name was not entered in the National Register for Sex Offenders or National Child Protection Register, or proof that it has been removed. These matters require careful case-specific assessment.

18 What is the best way to get started?

Complete the free 60-second eligibility test. It gives you an immediate initial result and identifies the most relevant next step. You can also contact CRR if you already have a criminal-record report or need help understanding your circumstances.

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