A criminal record can follow you for decades. It shows up in police clearance checks for jobs, visas, firearm licences, professional registrations and even some rental applications. Many people are surprised to learn that they have a record at all, because they paid an admission of guilt fine for a minor offence years ago without realising that it counts as a conviction.
The good news is that South African law allows many older, less serious convictions to be removed from the official record. The process is called expungement. It is free, and the Department of Justice and Constitutional Development updated its guidance on the process in October 2025. It does, however, have strict eligibility rules and paperwork that must be right the first time.
This article explains who qualifies, how the process works and what to do if your application is refused.
What expungement means
When a conviction and sentence are expunged, they are removed from the criminal record database kept by the South African Police Service (SAPS) Criminal Record Centre. Once that happens, the conviction should no longer appear on a police clearance certificate. Expungement is regulated by sections 271A to 271E of the Criminal Procedure Act 51 of 1977.
Expungement is not the same as a conviction “falling away” for sentencing purposes. Under section 271A, certain convictions fall away as previous convictions after ten years, which affects how a later court may treat them. They still remain on the SAPS record until they are formally expunged.
Who qualifies?
Under section 271B, the Director-General of Justice must issue a certificate of expungement if the applicant meets these requirements:
- Ten years have passed since the date of the conviction.
- During those ten years, the person has not been convicted and sentenced to imprisonment without the option of a fine.
- The sentence imposed was one of the qualifying sentences listed in the section.
- If the offence was a sexual offence against a child or a person who is mentally disabled, the person’s name is not on, or has been removed from, the National Register for Sex Offenders or the National Child Protection Register.
Qualifying sentences
The qualifying sentences include:
- a postponed sentence, or a discharge with a caution or reprimand;
- a fine only, not exceeding R20 000;
- imprisonment with the option of a fine not exceeding R20 000;
- a wholly suspended sentence of imprisonment;
- correctional supervision or periodical imprisonment under specific provisions of the Act; and
- corporal punishment imposed before it was abolished.
Admission of guilt fines generally count as convictions, so many minor traffic, municipal and public order offences can be expunged on this route once ten years have passed.
Who does not qualify
You will not qualify if you were sentenced to direct imprisonment (imprisonment without the option of a fine) for the offence, if the fine exceeded R20 000, if fewer than ten years have passed, or if you remain on one of the registers mentioned above. Serious convictions therefore remain on record under this procedure.
Other routes
- Convictions as a child. The Child Justice Act 75 of 2008 has its own expungement procedure for records of certain offences committed by children, using a separate application form. Records of diversion are dealt with through the Department of Social Development.
- Covid-19 regulation offences. The Judicial Matters Amendment Act, 2023 provides for the expungement of records of people who paid admission of guilt fines for contravening the State of Disaster regulations during the pandemic.
- Presidential pardon. For offences that do not qualify, a pardon is an exceptional, discretionary remedy with its own process and requirements.
How to apply
The Department of Justice’s process is set out on its expungements page. In outline:
- Get a police clearance certificate. Apply at your nearest police station for a clearance certificate from the SAPS Criminal Record Centre. It must be issued on a date more than ten years after the conviction and sentence. This confirms exactly what is on your record.
- Check eligibility. Compare each conviction on the certificate against the requirements above. If you are unsure what sentence was imposed, the court record may help.
- Complete the application form. The application is made on Form J744 (Form A), with the relevant parts completed and the required attachments, including a copy of your identity document.
- Attach proof of register removal, if your name was ever on the sex offenders or child protection register.
- Submit the application to the Department of Justice and Constitutional Development in Pretoria, by post or hand delivery. The service is free, and applications are processed in order of receipt. Agents and intermediaries do not receive priority.
- Wait for the outcome. The Department aims to finalise applications within 60 working days of receiving all required documents. If approved, the certificate is sent to the head of the Criminal Record Centre, which must expunge the record and confirm this to you in writing.
Be wary of anyone who charges a fee to “guarantee” an expungement or a faster outcome. The Department states that the service is free and that representatives do not get priority. Paying an agent will not make an ineligible conviction qualify.
If your application is refused
If the Department refuses the application, it must tell you and give reasons. Common problems include an incomplete form, a clearance certificate issued too early, an incorrect reading of the sentence imposed, or a later conviction that disqualifies the applicant. Some problems can be fixed and the application resubmitted. Where you believe the decision is wrong in law, it may be possible to challenge it, for example by way of review. Legal advice at that stage can save time.
Practical tips
- Apply for your clearance certificate early. Processing can take several weeks.
- Keep copies of everything you submit, and proof of postage or delivery.
- Quote your identity number in all correspondence with the Department.
- Once the record is expunged, request a new clearance certificate to confirm that it no longer reflects the conviction before you rely on it for a job or visa.
- If a prospective employer asks about past convictions, take advice on how to answer honestly in light of the expungement.
How O’Reilly Law can help
We assess whether convictions qualify for expungement, help clients obtain the necessary records and prepare complete applications, and follow up with the Department and the SAPS Criminal Record Centre. Where an application is refused, we advise on whether the refusal can be challenged. We also advise individuals and businesses facing criminal investigations and charges, including on how to avoid a criminal record in the first place.
Contact us to find out whether your record can be cleared.
Related reading: Arrest and criminal investigations: your rights as a business owner · Protection orders under the Domestic Violence Act
This article is general information and not legal advice. Correct as at October 2026.