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I have a criminal record. Can I have it removed?

Yes, if 10 years have elapsed from the date of the conviction. This is called “expungement”. After 10 years have elapsed, we can apply for a clearance certificate issued by the Criminal Record Centre of the SAPS. We complete application forms II and III and deliver them, together with various attachments, to the Director-General for the Department of Justice and Constitutional Development.

If the application is successful, the Director-General will issue a Certificate of Expungement directing that the conviction(s) and sentence(s) be expunged. The process takes approximately three months. This means that the criminal record no longer exists and does not need to be disclosed, e.g. on job applications.

The certificate of expungement must be submitted to the head of the Criminal Record Centre of the SAPS within 14 working days after the Director-General has issued it. Within 21 working days, the head of the Criminal Record Centre will issue a receipt and confirm if the conviction/sentence has been expunged. In total, the application for expungement takes approximately four months from finalisation of all required documentation and costs approximately R15 000 excluding VAT.

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Simon Dippenaar | SD Law Cape Town

http://www.sdlaw.co.za

Cape Town attorney Simon Dippenaar has a BBusSc LLB degree and Professional Diploma in Legal Practice from the University of Cape Town, and is an admitted attorney of the High Court of South Africa. He is the founder and director of private legal practice, Simon Dippenaar & Associates, with offices in Cape Town and Gauteng representing South African and international clients.

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The information on this website is provided to assist the reader with a general understanding of the law. While we believe the information to be factually accurate, and have taken care in our preparation of these pages, these articles cannot and do not take individual circumstances into account and are not a substitute for personal legal advice. If you have a legal matter that concerns you, please consult a qualified attorney. Simon Dippenaar & Associates takes no responsibility for any action you may take as a result of reading the information contained herein (or the consequences thereof), in the absence of professional legal advice.