Criminal Record Expungement
How to get your criminal record expunged
Securing a job is tough and finding work as a convicted criminal in South Africa is even more challenging, even if the crime was minor. Prospective employers are allowed to ask applicants about their past criminal records, and failure to disclose any criminal convictions can lead to a later dismissal if the truth comes to light.
In 2009 the South African Justice Department implemented a new law to help those who want their record expunged, making their chances of getting employed easier, and to assist anyone convicted of apartheid era crimes.
The expungement procedure results in the lawful clearance and removal of a criminal record on an individual's record from the National Criminal Register. This will allow you to carry on with life without a criminal record being an obstruction to employment opportunities.
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What is a Criminal Record?
A criminal record is a formal record of offences that you’ve been convicted or been found guilty of in a court of law. In most cases, it lists all criminal offences and may also include traffic offences such as speeding and drunk driving. Generally, the police will not release your criminal record without your consent, but there are exceptions, including requests from other police forces and courts.
What is a Criminal Record Expungement?
Expungement (also called "expunction") is a court-ordered process in which the legal record of an arrest or a criminal conviction is "sealed," or erased in the eyes of the law. When a conviction is expunged, the process may also be referred to as "setting aside a criminal conviction."
Why use Visa Logistics?
Visa Logistics criminal record expungement process simplifies the journey to a record-free life. If it's been 10 years or more since your crime conviction, give us a call today.
You could be:
- Start a new record-free life,
- Become more employable and enjoy more employment opportunities provides,
- Once your record has been expunged, you'll be able to enjoy real freedom and apply for visas to visit international destinations across the globe.
At Visa Logistics we guarantee:
- A turn-around time of between 3-4 weeks, compared to 4 months if you do it yourself at SAPS
- Everything we do gets done via email and courier no need to visit the office.
What you need to know
All 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 will only be able to apply for a Criminal Record expungement if:
- A period of 10 years has passed after the date of the conviction for that offence, and there has been no subsequent conviction(s)`
- You have not been convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years.
- You were sentenced to the following sentence:
- Minor crimes
- Politically motivated crimes
- You’re convicted of an offence based on race
- Convictions of crimes of a serious nature, such as murder, rape and other sexual offences, armed robbery, and assault with the intention to do serious bodily harm, do not qualify for criminal record expungement
- When the sentence was postponed, or the person was cautioned and discharged.
- You were given the option of paying a fine (R20,000 or less)
- You were advised that paying a fine would not result in a criminal record, but have subsequently discovered the existence of your criminal record
- When the sentence of imprisonment was suspended wholly.
- When proof is provided that a person’s name has been removed from the National Register of Sex Offenders or the National Child Protection Register, if relevant.
You 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.
- 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.
- When a fine of more than R20 000 was imposed.
- If you were convicted of a sexual offence against a child or a mentally disabled person.
- 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
- If you were imprisoned for an offence, which was not a political offence and or based on race