EXPUNGING A CRIMINAL RECORD

Expunging a criminal record in South Africa can be a complicated and time-consuming process, but it is possible to clear your name and regain your reputation. A criminal record can prevent you from obtaining employment, housing, or even a visa to travel abroad. Fortunately, South African law provides a mechanism for individuals to expunge their criminal records under certain circumstances.

 

In terms of the Criminal Procedure Act, a person who has been convicted of an offence and who has completed their sentence may apply to the Director-General of the Department of Justice and Constitutional Development to have their criminal record expunged. However, not all convictions are eligible for expungement and certain offences may only be expunged after 10 years have lapsed.

 

The expungement process can be initiated by submitting an application to the Director-General of the Department of Justice and Constitutional Development. The application must include details of the conviction, the sentence served, and any other relevant information. The Director-General may request additional information or documentation, and may also conduct an investigation into the applicant’s character and conduct since the conviction.

 

If the Director-General is satisfied that the applicant meets the eligibility criteria for expungement, he or she will issue an order to expunge the criminal record. Once the order has been issued, the applicant’s criminal record will be removed from the relevant databases and will no longer be accessible to the public.

 

In conclusion, expunging a criminal record in South Africa can be a complex process, but it is an important mechanism for individuals to clear their names and move on with their lives.

 

For any assistance on this topic or any other legal or commercial topic please contact Tuckers attorneys on 011 897 1900, 076 777 1920 or info@tuckers.co.za.

 

Article contributed by Tiaan Vermuelen of Tuckers attorneys.