Removal (expungement) of a Criminal Record

Expungement of a Criminal Record in terms of the Criminal Procedure Act, 1977 (Act 51 of 1997) Applications for expungement of criminal records in terms of the Criminal Procedure Act, 1977, are to be submitted to the Director General: Department of Justice and Constitutional Development as prescribed in Part I of the relevant application form.

You stand good chance to qualify for such an application if:

  1. Ten years have lapsed after the date of the conviction of your offence
  2. You did not receive a direct prison sentence for your conviction except a sentence of periodical imprisonment or correctional supervision
  3. You have not been convicted and imprisoned for any other offence during those 10 years, without the option of a fine
  4. You were sentenced to the following sentences:
    4.1. Conviction of lesser serious crimes (for example minor charges of theft, assault, fraud etc.)
    4.2. Politically motivated crimes. For most crimes where a direct sentence was not laid upon except politically motivated crimes and crimes in respect of which the punishment is now unconstitutional under our new legislation
  5. You’re convicted of an offence based on race
  6. You were convicted of an offence which would not be regarded as an offence in an open and democratic society based on human dignity, equality and freedom under the democratic constitutional dispensation

You will not qualify if:

  1. If a period of 10 years has not lapsed since the conviction of the crime, EXCEPT for crimes that were based on race and/or politically motivated, of which punishment is now unconstitutional
  2. If you were convicted of a sexual offence against a child or a mentally disabled person.
  3. If your name is included in the National Register for sex offenders or the National Child Protection Register. You may however qualify if your name has been removed from the National Register
  4. If you were imprisoned for an offence, which was not a political offence and or based on race
  5. Serious cases where the sentence is one of imprisonment without the option of a fine for example robbery, rape, murder and assault with the intention to do grievous bodily harm

Postal address:

Director General: Dept of Justice and Constitutional Development
Private Bag X 81
Pretoria 0001

Physical address:
Momentum Centre
329 Pretorius Street, Pretoria

All applications received in this regard will be referred to the Office of the Chief Litigation Officer

Form A – APPLICATION FOR EXPUNGEMENT OF A CRIMINAL RECORD

To be completed by a person who has a criminal record older than 10 years and upon whom a fine of not more than R 20 000 was imposed and has not been sentenced to a period of imprisonment

Form B – APPLICATION FOR EXPUNGEMENT OF A CRIMINAL RECORD

To be completed by a person who wants to have his or her criminal record expunged on the basis that his or her conviction was as a result of legislation based on race or which would not be regarded as an offence under the constitutional dispensation

Form C – APPLICATION FOR EXPUNGEMENT OF A CRIMINAL RECORD

To be completed by a person who has been convicted of certain offences in terms of legislation prior to 1994

These include:

  • section 1 of the Black Land Act, 1913 (Act No. 27 of 1913)
  • section 12 of the Development Trust and Land Act, 1936 (Act No. 18 of 1936)
  • section 5(1), read with section 5(2), of the Blacks (Urban Areas) Consolidation Act, 1945 (Act No. 25 of 1945)
  • section 6, read with section 6(2), of the Blacks (Urban Areas) Consolidation Act, 1945 (Act No. 25 of 1945)
  • section 8(1), read with section 8(3), of the Coloured Persons Settlement Act, 1946 (Act No. 7 of 1946)
  • section 2 of the Prohibition of Mixed Marriages Act, 1949 (Act No. 55 of 1949)
  • section 4 of the Prohibition of Mixed Marriages Act, 1949 (Act No. 55 of 1949)
  • section 11 of the Internal Security Act, 1950 (Act No. 44 of 1950)
  • section 10(6) of the Black Building Workers Act, 1951 (Act No.27 of 1951)
  • section 10(7) of the Black Building Workers Act, 1951 (Act No.27 of 1951) ;section 11(4) of the Black Building Workers Act, 1951 (Act No.27 of 1951)
  • section 14 of the Black Building Workers Act, 1951 (Act No.27 of 1951)
  • section 15 of the Black Building Workers Act, 1951 (Act No.27 of 1951)
  • section 16 of the Black Building Workers Act, 1951 (Act No.27 of 1951)
  • section 20(1) of the Black Building Workers Act, 1951 (Act No.27 of 1951)
  • section 28(7) of the Black Building Workers Act, 1951 (Act No.27 of 1951
  • section 29(1) of the Black Building Workers Act, 1951 (Act No.27 of 1951)
  • section 30 of the Black Building Workers Act, 1951 (Act No.27 of 1951)
  • section 15 of the Blacks (Abolition of Passes and Co-ordination of Documents) Act, 1952 (Act No. 67 of 1952)
  • section 2 of the Criminal Law Amendment Act, 1953 (Act No. 8 of 1953)
  • section 2(2) of the Reservation of Separate Amenities Act, 1953 (Act No. 49 of 1953)
  • section 16 of the Sexual Offences Act, 1957 (Act No. 23 of 1957)
  • section 46 of the Group Areas Act, 1966 (Act No. 36 of 1966)
  • section 2 of the Terrorism Act, 1967 (Act No. 83 of 1967)
  • section 3 of the Terrorism Act, 1967 (Act No. 83 of 1967)
  • section 2, read with section 4(1), of the Prohibition of Foreign Financing of Political Parties Act, 1968 (Act No. 51 of 1968)
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