Expungement of Criminal Records in South Africa: Clear Your Name and Move Forward
A criminal record can have long-term consequences—impacting your ability to find work, travel, study, or rebuild your life. Fortunately, South African law allows for the expungement of criminal records under specific conditions, giving individuals a second chance.
At Barter McKellar, we specialise in helping clients wipe the slate clean. This guide explains what expungement is, who qualifies, and how we can assist you in regaining your freedom and dignity.
What is Expungement?
Expungement is the legal process of erasing a criminal record from the National Criminal Register. Once expunged, your criminal record will no longer appear in background checks, and you are legally permitted to deny having a criminal record in most contexts (except under oath or in specific legal proceedings).
This is a powerful remedy for individuals who have been rehabilitated and wish to reintegrate fully into society.
Who Qualifies for Expungement?
Expungement is not automatic—you must apply and meet the criteria set out in the Criminal Procedure Act 51 of 1977 and related regulations.
You may qualify if:
Ten years have passed since the date of conviction;
You received a fine, suspended sentence, correctional supervision, or similar minor sentence;
You have not been convicted of any other offence during those ten years;
Your conviction was not for a serious offence such as murder, rape, or drug trafficking;
Your offence was for a crime that does not involve violence or sexual misconduct.
You may also qualify for expungement under Presidential Pardon or other special legal mechanisms, depending on your circumstances.
What Offences Cannot Be Expunged?
Not all convictions are eligible. You cannot apply for expungement if:
The conviction relates to serious violent crimes;
You were sentenced to direct imprisonment without the option of a fine;
You were convicted of Schedule 8 offences (e.g., crimes requiring DNA collection);
You are listed on the National Register for Sex Offenders or the Child Protection Register.
Our team at Barter McKellar will evaluate your case to determine whether expungement is possible.
How Does the Expungement Process Work?
The expungement process typically involves the following steps:
Eligibility Assessment
We conduct a detailed review of your case, sentencing, and timeframes to confirm eligibility.Gathering Documents
This includes your court records, police clearance certificate, and any required affidavits.Submitting the Application
We lodge the expungement application with the Department of Justice and Constitutional Development on your behalf.Waiting Period
It typically takes 3 to 6 months for the department to process and finalise the application.Certificate of Expungement
Once approved, you will receive confirmation that your record has been cleared.
Why Choose Barter McKellar?
We understand how much a clean slate matters. Whether you're applying for a job, seeking to immigrate, or simply want to move on with your life, we handle your case with confidentiality, compassion and precision.
Our expungement services include:
Legal eligibility assessment
Full document preparation and submission
Follow-up with justice authorities
Clear communication throughout the process
Frequently Asked Questions (FAQs)
Can I apply for expungement myself?
Yes, but the process can be complex and time-consuming. Legal assistance ensures you don’t miss critical steps or face unnecessary delays.
Does expungement mean my record is deleted everywhere?
Yes, once approved, your record is removed from the National Criminal Register, but some private or third-party databases may still hold records unless separately cleared.
Can I expunge a conviction if I paid an admission of guilt fine?
Yes. If 10 years have passed and you meet the other requirements, expungement is possible even with an admission of guilt.
Ready to Clear Your Record?
Let us help you reclaim your future. Barter McKellar has successfully handled numerous expungement cases across South Africa. We’re ready to guide you every step of the way.
