WHEN CAN A PERSON APPLY FOR AN EXPUNGEMENT OF A CRIMINAL RECORD?
- When a period of 10 years has lapsed after the date of the conviction for that offence;
- when the person has not been convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years; and
- provided that the person was sentenced to any of the following sentences:
- Corporal punishment.
- Sentence was postponed or the person was cautioned and discharged.
- Fine not exceeding R20 000.
- Imprisonment with the option to pay a fine instead of serving the period of imprisonment.
- Imprisonment was suspended wholly.
- Correctional supervision in terms of section 276(1)(h) of the Act.
- Imprisonment in terms of section 276(1)(i) of the Act.
- Periodical imprisonment in term of section 276(1)(c) of the Act
- If a person was convicted of a sexual offence against a child or a mentally disabled person, proof must be provided that such a person’s name was not entered into the National Register of Sex Offenders or the National Child Protection Register or if it was entered, proof that such a person’s name has been removed from the relevant Register.
A PERSON WILL NOT QUALIFY IF:
- When a period of 10 years has not lapsed after the date of the conviction.
- When a person was sentenced to direct imprisonment.
- When a fine of more than R20 000 was imposed.
- When a person was sentenced to direct imprisonment (the imprisonment was not suspended and there was not the option of a fine) during the relevant 10 year period.
- His or her name is included in the National Register for Sex Offenders or the National Child Protection Register and his or her name has not been removed from the National Register for Sex Offenders or the National Child Protection Register.