F.A.Q

ake our Free Eligibility Test to quickly find out if you qualify to expunge your criminal record. This test incorporates the latest expungement laws and considers various criminal circumstances. 

• Speed: The test takes just 60 seconds.
• Accuracy: Get immediate results.

Given that most criminal records are minor, many individuals are likely to qualify for record expungement either now or in the future. Don't wait—check your eligibility today!

Yes. Prior to 2009 all applications to remove a criminal record had to be submitted to the President to determine if a criminal record could be removed. 

In 2008 there was an amendment to sections 2 and 3 of the South African Criminal Procedure Act (51 of 1977) known as the Criminal Procedure Amendment Act (65 of 2008). This new law came into effect on the 6th May 2009.  In summary, the new law says that those convicted of a minor offence, determined by the type of sentence imposed, 10 or more years ago, qualify for expungement (without the need of a Presidential Pardon). 

The sentence must have been a suspended jail term, correctional supervision or a fine that didn't exceed R20,000. This law makes it legal for us to remove your criminal record following an administrative process through the Department of Justice based on specific criteria. The option for a Presidential Pardon application remains for all criminal convictions that do not meet the standard 10 year expungement criteria. 

Other classifications of criminal records can be removed immediately without the 10 year waiting period. Examples: Removal of a pending case through a Criminal Record Centre administrative process and a set aside application for Admission of Guilt cases.

Expunging Your Criminal Record in South Africa
In South Africa, the process of expunging a criminal record involves submitting an application to the Department of Justice as outlined in the Criminal Procedure Act, 1977 (Act 51 of 1997). Here's what you need to know:

• Application Process: You apply to have your criminal record expunged. This means you're asking for the legal removal of your conviction from the national criminal database.
• Outcome of Approval: If your application is successful:
  • Legal Status: You will no longer be considered convicted of the crime in question.
  • Record Removal: Your criminal record will be permanently deleted from the national database.
• Post-Expungement:
  • Disclosure: You can honestly declare to employers, family, or any other parties that you have not been convicted of a crime. 
  • Criminal Record Checks: The expunged conviction will not appear on any future criminal record checks.

This process provides a legal and formal way to cleanse your record, offering a fresh start by allowing you to legally state that you do not have a criminal conviction.

Eligibility for Standard 10-Year Expungement:
If your criminal conviction is over 10 years old, you may be eligible for expungement under the following conditions:
Postponement of Sentence: If your sentence was postponed under Section 297(1)(a) of the Criminal Procedure Act and you were either discharged under Section 297(2) or not required to reappear before the court as per Section 297(3).
Discharge with Caution or Reprimand: You received a sentence that discharged you with a caution or reprimand as outlined in Section 297(1)(c).Fines: You were fined, but the fine did not exceed R20,000.
Corporal Punishment: You received a sentence of corporal punishment, which was legal at the time of sentencing before it was declared unconstitutional.
Imprisonment with Fine Option: You were sentenced to imprisonment with the option of a fine, where the fine did not exceed R20,000.
Suspended Sentences: Any sentence of imprisonment that was entirely suspended.
Correctional Supervision: Sentenced to correctional supervision as per Section 276(1)(h) or (i).Periodical Imprisonment: You served your sentence through periodical imprisonment.Please note, this list covers the standard criteria for eligibility based on the nature of the sentence received. If you believe you qualify, consult with a legal professional to proceed with the expungement process.

Expert Guidance Through South Africa's Expungement Maze
Navigating the South African expungement process can be daunting. This intricate legal journey requires not just the correct paperwork, but a deep understanding of the legal nuances involved. Fail to address these complexities, and your application for expungement could easily be rejected by the Department of Justice.

Why Choose CRES?
Our exclusive focus on clearing criminal records means we bring unparalleled expertise to your case. With CRES you're not just filing documents; you're leveraging our specialized knowledge to maximize your chances of a successful expungement. Trust us to guide you through every step, ensuring your past no longer holds you back.

If each of your convictions satisfies the necessary conditions, and you have not received a prison sentence within the past decade (where a fine was not an option), you may be eligible to apply for the removal of these convictions from your criminal record. You can use one or a combination of expungement packages for this purpose.

If you've tried handling your expungement yourself or through another service and haven't seen results, we can step in. Simply submit payment and sign a Power of Attorney form (which you can easily scan and email back to us), and we'll take over your case immediately, aiming to achieve the results you need.

• The Department of Justice mandates that a recent criminal report be included with your expungement application. Should we need to start anew, we'll require this document. We can expedite obtaining this for you in just 5-10 days, though there will be an additional fee for this service.

The process will take 3 - 4 months from submission.