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Criminal Record Expungement
Expungement of a criminal record is a procedure by which a criminal record of a convicted lawbreaker is expunged from the criminal record database of the Criminal Record Centre of the South African Police Service. This allows a person to carry on with life without a criminal record being an difficulty to employment opportunities.
When a period of 10 years has lapsed after the date of the conviction for that offence. when the person has not been convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years provided that the person was sentenced to any of the following sentences:
- Corporal punishment.
- Fine not exceeding R20 000.
- Imprisonment with the option to pay a fine instead of serving the period of imprisonment.
- Imprisonment was suspended wholly.
- If a person was convicted of a sexual offense against a child or a mentally disabled person proof must be provided that such a person’s name was not entered into the National Register of Sex Offenders or the National Child Protection Register, or if it was entered, proof that such a person’s name has been removed from the relevant Register.
- a period of 10 years has not lapsed after the date of the conviction.
- a person was sentenced to direct imprisonment.
- a fine of more than R20 000 was imposed.
- When a person was sentenced to direct imprisonment (the imprisonment was not suspended and there was not the option of a fine) during the relevant 10 year period.