Clear Your Name: How to Expunge a Criminal Record in South Africa
A criminal record can stop you from getting a job or visa. Find out if you qualify for expungement (clearing your record) and the exact steps to apply in 2025.
The "10-Year Mistake"
You made a mistake when you were young. Maybe it was a petty theft, a shoplifting charge, or a small fight. You paid your admission of guilt fine, walked away, and thought it was over.
Five years later, you apply for your dream job. They ask for a Police Clearance Certificate. It comes back with a red stamp: "CRIMINAL RECORD." The job offer is withdrawn.
This happens to thousands of South Africans every month. But there is good news: You can legally remove this stain from your name.
This process is called Expungement.
What Does Expungement Mean?
Expungement means the Department of Justice formally removes your conviction from the SAPS Criminal Record Centre database. Once expunged, you can truthfully say "No" when asked if you have a criminal record. Your Police Clearance Certificate will come back clean.
Do I Qualify? (The Checklist)
Not every crime can be erased. You generally qualify for expungement ONLY IF:
1. 10 Years Have Passed
It must be 10 years since the date of your conviction. If you were convicted in 2020, you must wait until 2030. Note: If you were under 21 at the time of the crime, there may be special exceptions, but the 10-year rule is the standard.
2. It Was a "Minor" Offence
You can typically expunge records where:
- You were sentenced to a fine (usually less than R20,000).
- You were sentenced to imprisonment but it was suspended (you didn't go to jail).
- You received correctional supervision.
- You paid an Admission of Guilt fine (J534) at the police station.
3. You Have NOT Been convicted again
You must have kept your nose clean for those 10 years. If you were convicted of another offence during the waiting period, you typically cannot expunge the first one.
4. You are NOT on the SOR (Sexual Offenders Register)
Sexual offences against children or mentally disabled persons generally cannot be expunged.
The Process: How to Apply
You do not strictly need a lawyer for this, but using one speeds up the administration and ensures no forms are rejected.
Step 1: Get Your Police Clearance Certificate (PCC)
You need to know exactly what is on your record.
- Go to your nearest police station.
- Pay the fee (approx R160).
- Wait 4–8 weeks for the certificate.
- This certificate must be attached to your application.
Step 2: Complete Form J2
Download Form J2 (Application for Expungement of a Criminal Record) from the Department of Justice website.
- Fill in your personal details.
- Fill in the crime details exactly as they appear on your PCC.
Step 3: Specific Requirements for Admission of Guilt
If you just paid a fine at the station (Admission of Guilt), you usually don't need the 10-year wait IF the fine was paid after 2008 and the police didn't follow correct procedures (Constitutional Court ruling). Speak to a lawyer about this specific loophole.
Step 4: Submit to the Director-General
Post or hand-deliver your application to the Department of Justice in Pretoria.
- Postal Address: Private Bag X81, Pretoria, 0001
- Street Address: Momentum Centre, 329 Pretorius Street, Pretoria
Step 5: The Wait
This is the hardest part. The Department of Justice takes 3 to 6 months to process applications. If successful, they instruct SAPS to remove the record. You will receive a written confirmation.
"Can I Speed It Up?"
Beware of scams. No "agent" can bribe the DOJ to delete a record in 24 hours. However, an attorney can ensure your application is perfect, track the status, and follow up relentlessly so it doesn't get lost in a pile.
What If I Don't Qualify Yet? (Presidential Pardon)
If your crime was serious (e.g., you served jail time) or 10 years haven't passed, expungement is not automatic. Your only route is a Presidential Pardon. This is a long, complex political process that involves writing directly to the President's office. It is rare and difficult, but possible for reformed citizens.
Get Your Future Back.
A criminal record shouldn't define you forever. If you've served your time and kept clean, the law wants you to reintegrate into society.
Start the process today. Connect with a lawyer to review your eligibility for expungement.