For many South Africans, a criminal record from years ago continues to affect their ability to find employment, travel internationally, or move forward in life. Often these records stem from minor offences committed during youth or early adulthood, yet the consequences can follow a person for decades.
Fortunately, criminal record expungement in South Africa offers a legal process that allows qualifying individuals to remove certain convictions from their record. This process can restore opportunities and help individuals rebuild their lives with confidence.
Criminal record expungement is the legal removal of a conviction from a person’s criminal record. Once the expungement process is successfully completed, the conviction will no longer appear on official criminal record checks conducted by employers, immigration authorities, or other institutions.
For many people, expungement represents a second chance – a way to move beyond past mistakes and pursue new opportunities without the burden of a historical conviction.
However, not everyone automatically qualifies. The process begins with determining whether you as an applicant meet the requirements set out in South African legislation.
At CSI, we are here to assist you in this process.
Before starting the expungement process, an eligibility assessment must be completed. This is typically done using a document known as a SAPS 69 report, which outlines the details of the offence and sentencing.
The SAPS 69 report is usually generated after a police clearance certificate has been issued. If an individual has never applied for a police clearance before, they may not yet have access to this report.
In such cases, the process usually involves submitting fingerprints so that a police clearance can be obtained. Once the clearance report is issued, the SAPS 69 document provides the detailed information required to determine whether the person qualifies for expungement under South African law.
Only once eligibility has been confirmed can the expungement application proceed.
Although every case differs slightly, the expungement process generally follows a structured series of steps.
The process starts with confirming whether the applicant qualifies for expungement. If a SAPS 69 report is not available, fingerprints are submitted to obtain a police clearance. This step helps confirm the offence and sentencing details.
Once eligibility is confirmed, the applicant will be asked to provide various supporting documents required for the expungement application.
After all documents are collected and the required fees are paid, the expungement application is submitted to the Department of Justice for review.
The Department of Justice reviews the application to determine whether it meets the legal requirements for expungement. This part of the process typically takes between four and six months, depending on administrative workload.
If the application is approved, the final step involves updating the record at the SAPS Criminal Record Centre. This stage can take an additional two months before the record is fully cleared.
Once the process is complete, the applicant can obtain a clean police clearance certificate showing that no criminal record exists.
In most cases, the entire process takes approximately six to eight months from start to finish.
However, delays can sometimes occur due to administrative processes within the South African Police Service (SAPS) or the Department of Justice, as the application relies on these institutions to review and process the documentation.
If an individual does not qualify for criminal record expungement under the current legislation, another option may be the presidential pardon process.
This process allows individuals to apply for a pardon that can effectively remove the conviction from their record. However, it is typically more complex and may take over a year to complete, which is why it is usually considered only in certain circumstances.
Many South Africans are unsure whether they even have a criminal record. This often happens when individuals were advised in the past that paying a fine would not result in a permanent record.
The most reliable way to confirm whether a record exists is to apply for a police clearance certificate, which involves submitting fingerprints for verification through the SAPS Criminal Record Centre.
Once the report is issued, it will clearly indicate whether a criminal record exists and whether expungement may be possible.
A criminal record does not have to define the rest of your life. For many South Africans, expungement provides the opportunity to improve employability, travel internationally, and move forward without the stigma of a past conviction.
If you believe you may qualify for criminal record expungement, taking the first step by checking your eligibility could be the beginning of a new chapter and a record-free future.
Contact CSI to start the process of getting your criminal record expunged.
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