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Thread: Criminal Record Clearance

  1. #1
    Join Date
    Nov 2007
    South Africa
    Thanked 29 Times in 21 Posts

    Criminal Record Clearance

    Since the 6th of May 2009 the criminal Procedure Act was amended to provide for the expungement of certain criminal records.
    Expungement is the process by which a criminal record is cleared and removed from your personal record and to give you the opportunity to start with a new beginning and clean record in life!

    Your good name is worth more than gold, why don’t clear it!

    You would probably be surprised to learn that you are not alone and that there are many other upstanding and highly regarded South Africans who find themselves in a similar predicament to you. These include businessmen and women, professionals and politicians, most of whom lead exemplary lives but who live with the shame of a conviction for some or other petty offence committed during their early adult years and in a moment of temporary madness. Many government officials now in office had criminal records and they could not hold office if they did not have these records expunged.


    You will have a good chance to qualify for such an application if:

    1. Ten years have lapsed after the date of the conviction of your offence.

    2. You didn’t receive a direct prison sentence for your conviction.

    3. You have not been imprisoned and convicted, without the option of a fine, of any other offence during those 10 years.

    4. You were sentenced to the following sentences:

    4.1. Conviction of not so serious crimes (for example minor charges of theft, assault, fraud etc.)

    4.2. Politically motivated crimes. For most crimes where a direct sentence was not laid upon except politically motivated crimes and crimes in respect of which the punishment is now unconstitutional under our new legislation.

    5.You’re convicted of an offence based on race.

    6. You were convicted of an offence which would not be regarded as an offence in an open and democratic society based on human dignity, equality and freedom under the democratic constitutional dispensation.

    You will not qualify if:

    1. If a period of 10 years has not been lapsed since the conviction of THE crime, EXCEPT for crimes that were based on race and/or politically motivated crimes which punishment them is now unconstitutional.

    2. You’re convicted of a sexual offence against a child or a mentally disabled person.

    3. If your name is included in the National Register for sex offenders or the Notional Child Protection Register. You may however qualify if your name has been removed from the National Register.

    4. If you were imprisoned for an offence, which was not a political offence and or based on race.

    5. Serious cases where the sentence is one of imprisonment without the option of a fine for example robbery, rape, murder and assault with the intention to do grievous bodily harm.

  2. Thank given for this post:

    Dave A (09-Jun-10), Martinco (30-Nov-10), wynn (11-Jun-10)

  3. #2
    New Member
    Join Date
    Nov 2010
    New Zealand
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    Hi there, I am truly in that predicament.

    I have been looking on the internet to try and find a away for me to submit an application for a criminal record clearance but have been very unsuccessful. Is there some way that someone could perhaps point me into the right direction? I am calling in a favour.

    Best regards,
    Last edited by Dave A; 30-Nov-10 at 07:19 AM.

  4. #3
    Platinum Member's Avatar
    Join Date
    Oct 2009
    Thanked 565 Times in 412 Posts
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    Goto on the home page in bottom right hand corner is a heading eForms, you will see expungements - you will find the forms and probably a guide
    Anthony Sterne
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

  5. Thanks given for this post:

    Dave A (02-Dec-10)

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