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EXPLAINED: Police explain the expungement of certain criminal records

Feb 14, 2019
EXPLAINED: Police explain the expungement of certain criminal records

Mount Road Police in Port Elizabeth have sought to make the community aware on the procedure that must follow when a person need to apply for their criminal record to be expunged.

"These requests are usually made when a security clearance certificate is required by an applicant," explained police spokesperson, Capt Sandra Janse van Rensburg.

"In terms of the Criminal Procedure Act, a person who has a criminal record older than 10 years and upon whom a fine of not more than R20 000.00 was imposed and who has not been sentenced to a period of imprisonment, may apply for expungement of such criminal record."

Who qualifies to have expungement of a criminal record

She said that a person will however not qualify if they were convicted of a sexual offence against a child or person, who is mentally disabled or of an offence where they were found unsuitable to work with children.

"A person will also not qualify if their name is included in the National Register for Sex Offenders, or the National Child Protection Register but such an individual may qualify if his or her name has been removed from said registers," Capt van Rensburg described.

"Before submitting the prescribed application for expungement of a conviction (Form J744), a clearance certificate showing that a period of 10 years has lapsed after the conviction and sentence, must first be obtained from the South Africa Police Service and attached to the application."

Expungement of a Criminal Record in terms of the Child Justice Act

She said that if a person’s name has been included in either the National Register for Sex Offenders or the National Child Protection Register, confirmation of removal must be obtained from the Registrar or the Director-General: Social Development and this confirmation or a certified true copy thereof, must be attached to the application.

"If the Director-General: Justice and Constitutional Development is satisfied that an application meets with the requirements set out in the Criminal Procedure Act, a certificate of expungement will be issued," Capt van Rensburg said.

"Completed application forms together with attachments must be posted or delivered by hand to the Director-General, Department of Justice and Constitutional Development, Private Bag X81, Pretoria, 0001, enquiries can be e-mailed to expungements@justice.gov.za.  The nearest police station can also with the posting of the documents.

"Requests for the expungement of criminal records and clearance certificate can be done at your nearest police station."

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