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.
Simon Dippenaar
http://www.sdlaw.co.zaCape 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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