A criminal record is a record of a person’s criminal history, the aforementioned is mainly shared between countries or within the jurisdiction the country within which you reside.
Criminal records may affect your ability to obtain employment in certain sectors and may restrict your ability to travel outside of the Republic of South Africa.
Having a criminal record, however, should not be seen as the end, as you can finally leave your past behind you (in certain circumstances).
You can legally remove your criminal record of your conviction through a process called expungement – if the relevant criteria are met.
Expungement is a procedure which results in the lawful clearance and removal of a criminal record from the National Criminal Register, which may allow you to carry on with your life without obstruction to employment opportunity or your ability to obtain a visa.
It is possible to apply for expungement of a criminal record after 10 years of the date of conviction.
The offences that qualify for expungement are as follows:
- Minor crimes
- politically motivated crimes
- you were convicted of crime, and fined not more than R20 000.
The offences which do not qualify expungement are as follows:
- sexual transgression against a child or a mental-challenged person
- your name appears in the National Register for sex offender or the National Child Protection Register, unless it has been removed from the National register
- serious offences, sentenced without the option of fine
A police clearance is required to apply for expungement – a process which we can also assist with.
The process can be technical, however, legal assistance and advices is available.
Should you require advice or assistance, feel free to contact our office.