Clearing of criminal record

Having a criminal record can affect your image and reputation. No matter how big or small the crime you committed is but having a criminal record is a serious offence. One of the key facts about having a criminal record is to struggle to get a job because of it. However, there are ways to clear your name and to move on with your life.

What is the expungement procedure?

The expungement procedure is the process of clearing a criminal record and removing it from your personal record. Once you have cleared your name this will give you the opportunity to move forward with your life and have a new clean record.

There are different offences that are within the South African constitution. Some may be minor criminal records but some are quite serious. Clearing your name takes a lot of effort and time. The best way to proceed with clearing your name is by finding an attorney or law firm that specialises in expungement procedures.

A person may apply for the removal and clearing their criminal record if:

  • Ten years has lapsed after the date of the conviction for that crime or offence
  • The person has not been convicted of any other offence to the period of imprisonment.

A person may not qualify to clear their name if:

  • The person was convicted of a sexual offence against a child or person who is mentally disabled.
  • If the person`s name is included on the National Register for the Sex offenders or the National child protection register.

The process

Before you can submit the application for the expungement of a conviction, a clearance certificate that is showing that a period of 10 years has lapsed after the conviction or sentence, it must be obtained from the criminal record centre of the South African police service. If the person is included in the National Register for sex offenders, a confirmation must be obtained from the Registrar that his or her name has been removed from the register. A confirmation or a certified copy of the confirmation must be attached to the application for security reasons. If a person is serious about clearing a criminal record then they should follow the right procedures because it is important to make sure that you start with a clean slate because it can affect your chances of getting a job.

De Dreyer Engelbrecht attorneys

De Dreyer Engelbrecht attorneys specialise in expungement and clearing of criminal records. They are highly qualified attorneys who are dedicated to their work and they care about their clients.