Does a Criminal Record Disappear After 10 Years in South Africa?
Short answer: no. A South African criminal record does not automatically disappear when it turns ten years old. Ten years can be an important eligibility milestone, but removal still requires a formal expungement application and written confirmation that the process has been completed.
This distinction matters. Someone may wait ten years, assume the record has fallen away, and only discover it is still active when applying for a job, professional registration, visa or police clearance certificate.
What the ten-year rule actually means
The Department of Justice and Constitutional Development explains that an adult may apply under section 271B of the Criminal Procedure Act when at least ten years have passed since the conviction and the other statutory requirements are satisfied.
The passage of time opens the door to an assessment; it does not erase the record. Eligibility still depends on the sentence imposed, what happened during the following ten years and whether any relevant statutory register restrictions apply.
The practical rule: “Older than ten years” may mean eligible to apply. It does not mean automatically expunged.
Which sentences may qualify?
According to the Department’s current guidance, qualifying outcomes can include certain cautions and discharges, wholly suspended imprisonment, correctional supervision, imprisonment with the option of a fine, and fines that fall within the statutory threshold. The exact wording of the court outcome matters, which is why relying on memory alone can be risky.
A person must also consider what occurred during the relevant ten-year period. A later conviction involving imprisonment without the option of a fine can affect eligibility.
When ten years is not enough
The official guidance identifies circumstances that may prevent an application from qualifying, including:
- fewer than ten years having passed since the conviction;
- direct imprisonment without the option of a fine;
- a fine above the applicable statutory threshold;
- a disqualifying conviction and sentence during the relevant period; or
- an unresolved listing in the National Register for Sex Offenders or National Child Protection Register where those requirements apply.
Expungement is therefore not determined by age alone. Two records from the same year may have completely different outcomes because the sentences and surrounding circumstances differ.
The documents are part of the test
A proper application is more than a form with a date on it. The Department currently requires supporting material that includes a South African Police Service clearance certificate issued after the ten-year point. Where a relevant statutory register is involved, confirmation about removal from that register may also be required.
Adult applications under section 271B use Form J744. Missing, outdated or inconsistent documents can delay the assessment or result in the application being returned.
What happens after submission?
The Department’s published process says that, where the requirements are met, a certificate of expungement is issued and sent to the head of the SAPS Criminal Record Centre. SAPS must then update its criminal-record database and confirm the expungement in writing.
The Department currently states that finalisation takes approximately 60 working days from receipt of all required documents. Its guidance also describes further administrative periods for sending the certificate to SAPS and obtaining written confirmation. Actual timelines can vary, particularly where information is incomplete or additional verification is needed.
Do not assume it is cleared until it is confirmed
Submitting an application is not the same as completing an expungement. Until the relevant authorities have processed it and confirmation has been received, the record may continue to appear during a criminal-record check.
Keep copies of the application, supporting documents, delivery evidence and all correspondence. Written confirmation is the important final step.
What should you do if your record is older than ten years?
- Confirm the conviction date and exact sentence imposed.
- Check whether anything during the following ten years affects eligibility.
- Obtain the correct, current police clearance certificate.
- Prepare Form J744 and the required supporting documents.
- Track the application until written confirmation is received.
If you are unsure whether your record qualifies, Criminal Record Removal can help you assess the court outcome and identify the appropriate next step before you spend months following the wrong process.
Start the free eligibility assessment Contact our team
Official source: Department of Justice and Constitutional Development, Expungement of a Criminal Record, guidance updated 14 October 2025. This article provides general information and is not a substitute for advice on a specific matter.
