Expungement removes a qualifying conviction from the SAPS Criminal Record Centre database. Once expunged, it no longer appears on your police clearance certificate.
It is decided by the Department of Justice and Constitutional Development. The application itself is free, and the Department says it deals with applications in order of receipt, with no preference for agents.
Expungement is not automatic and not available for every offence or sentence. This page is general information, not legal advice. Consider an attorney or Legal Aid South Africa for your specific case.
Tell us roughly when the conviction was and why you need a clean clearance.
Get Expungement Help QuotesWho Usually Qualifies
- At least 10 years have passed since the conviction.
- No conviction with imprisonment without the option of a fine during those 10 years.
- The sentence was a qualifying one, such as a fine of not more than R20,000, a suspended sentence, caution and discharge or corporal punishment.
- Separate routes exist for convictions under apartheid-era race-based laws.
Who Usually Does Not Qualify
- Sentences of direct imprisonment without the option of a fine.
- Sexual offences against children or persons with mental disabilities.
- Names still on the National Register for Sex Offenders or the National Child Protection Register.
How the Process Works
- Get a police clearance certificate from SAPS showing the conviction and that 10 years have passed.
- Complete the correct Department of Justice expungement form (Form A, B or C).
- Attach the clearance certificate and any register removal confirmations.
- Post or deliver the application to the Directorate Legal Process in Pretoria.
- If approved, the Department issues an expungement certificate to SAPS.
- Apply for a new police clearance to confirm the record is clear.
Expungement Costs
| Service | Amount | Type |
|---|---|---|
| Department of Justice application | Free | Official |
| SAPS police clearance (before and after) | R190 each | Official government fee |
| Commissioner of oaths and copies | Usually free to low cost | Third-party |
| Application preparation and follow-up | R1,500 - R4,000 | Optional assistance fee |
| Attorney consultation | R1,000 - R3,500 | Optional third-party |
Fees may change and should be confirmed with the relevant government, embassy, consulate or authorised visa application provider before applying. Rand amounts are approximate conversions and assistance fees are indicative market ranges, not quotations.
Timing
Allow several months: weeks for the first police clearance, then Department of Justice processing, then a new clearance. Processing times are estimates and can change.
Expungement and Visas
Some visa forms ask whether you have ever been convicted, not only what appears on a clearance. Answer the question exactly as asked. Get legal advice before relying on an expungement to answer "no".
Frequently Asked Questions
Is criminal record expungement free?
The Department of Justice application is free. SAPS clearance fees and any optional help are separate.
Does my record disappear after 10 years?
No. You must apply for expungement.
Can an agent speed up expungement?
No. The Department processes applications in order of receipt and gives no preference to agents.
Will an expunged record show on a police clearance?
No, once SAPS has processed the expungement certificate.
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