If you have a criminal record, there are ways to get it expunged. Getting a criminal record expunged or clearing your criminal past can help you with employment, travel and social situations.
The Criminal Record and Related Matters Amendment Act, 2018
In 2018, the Criminal Record and Related Matters Amendment Act were passed. The act set out the process for applying for a criminal record, which you can do if your name has been incorrectly recorded in a database or if you have an arrest warrant against you. It also gives procedures for how to obtain copies of court documents and how to apply for an order from the courts that relates to your criminal record.
For what period does a criminal record remain on your records?
A criminal record is kept for a minimum of 20 years, but this can be extended if the person is convicted of further crimes.
If you are convicted of a crime, it will remain on your criminal record for 20 years from the date of conviction. This means that if you were convicted at age 30 and released at age 45, then your record will not be removed until you reach 65 years old – or if there is no conviction after 20 years has passed. If you are acquitted of a criminal offence (found innocent), then your record will be removed from your criminal history with immediate effect
How to expunge a criminal record in South Africa?
You can apply for an expungement certificate to clear your criminal record. The Pretoria Criminal Records Center will examine your application and determine if your record is eligible for expungement.
You must submit information about yourself, including:
- Your name and address
- Your ID number (South African ID number or passport number)
- A certified copy of the judgment that led to your conviction
You’ll also need proof that you completed all the terms of the sentence given by the court (for example, paying fines). If you’re applying online, it has to be digitally signed by whoever served as a witness in court. You should also include supporting documents (proofs) with this proof. Any supporting documents must be original copies—photocopies are not acceptable for submission with applications submitted online.*
How is a criminal record expunged in South Africa?
The National Prosecuting Authority ( issues A Section 34 certification), is a government body tasked with prosecuting crimes. The NPA issues Section 34 certificates when it receives an application to have a criminal record expunged.
To be eligible for a Section 34 certificate, you must meet these criteria:
- You were found guilty in court and subsequently sentenced;
- You have completed your sentence; and
- You have not been convicted of any other crimes since then.
