Criminal Record Expungement in South Africa: Who Is Eligible (2026)

Expungement removes a qualifying old conviction from South Africa's criminal record, under section 271B of the Criminal Procedure Act 51 of 1977. This guide sets out who is eligible, how to apply, and what the Department of Justice and Constitutional Development itself says about how long it takes.

This guide is general legal information, not legal advice. For advice on your own situation, consult an attorney, or contact Legal Aid South Africa (0800 110 110) if you cannot afford one.

Information last verified on 23 July 2026. Eligibility criteria quoted from the consolidated Criminal Procedure Act; processing time estimates checked against three separate official sources, which disagree with each other (see below).

Who Is Eligible

Section 271B(1) of the Criminal Procedure Act 51 of 1977 allows a person's criminal record for a conviction to be expunged, on written application, once 10 years have passed since the date of that conviction, unless the person was convicted of a further offence during those 10 years and sentenced to imprisonment without the option of a fine. Eligibility depends on the sentence the court imposed for the conviction being expunged. The sentence must be one of the following:

• A sentence postponing the passing of sentence, where the person was discharged without sentence being passed, or was not called upon to appear again.
• A caution or reprimand.
• A fine only, not exceeding R20,000.
• Corporal punishment, from before it was declared unconstitutional as a sentencing option.
• Imprisonment with the option of a fine, where that fine does not exceed R20,000.
• A sentence of imprisonment that was suspended in full (wholly suspended).
• An order under the old section 290(1)(a) or (b) of the Act, a historical category of order made before that section was repealed by the Child Justice Act, 2008.
• Correctional supervision.
• Periodical imprisonment.

Two of these categories involve imprisonment (a wholly suspended sentence, and imprisonment with the option of a fine), and both still qualify. What disqualifies a conviction is a sentence of imprisonment WITHOUT the option of a fine, meaning direct, unsuspended imprisonment, whether that is the sentence for the conviction being expunged or a sentence for a further offence committed during the 10 year period.

Two Registers That Block Expungement Until Cleared

A conviction cannot be expunged under section 271B while the person's name remains on the National Register for Sex Offenders (for a sexual offence against a child or a person who is mentally disabled) or the National Child Protection Register. This is not a permanent bar. Once the name has been removed from the relevant register, under section 51 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, or section 128 of the Children's Act 38 of 2005, the conviction becomes eligible again, and Form A asks the applicant to confirm that removal.

How to Apply

The application is made on Form A, also referenced as form J744, addressed to the Director-General: Justice and Constitutional Development, Private Bag X81, Pretoria, 0001.

Before submitting Form A, the applicant needs a SAPS clearance certificate confirming that 10 years have passed since the conviction and sentence. Because this is specifically for an expungement application, the cheaper R95 Police Clearance Report, available at any Local Criminal Record Centre, is generally the more suitable document to request, rather than the full R190 Police Clearance Certificate. See the Police Clearance Certificate guide for how to get either one.

The Department of Justice and Constitutional Development states plainly, in capital letters, on its own expungement pages, that this service is rendered free of charge. It also states that applications are dealt with in order of receipt, and that using a paid agency to apply on an applicant's behalf gets no preference in that queue.

How Long It Takes

Three official sources give three different answers, and none of them fully agrees with the others:

• The Department of Justice and Constitutional Development's own factsheet, updated 14 October 2025, states that finalising the application takes 60 working days from the date all required documents are received, with the certificate of expungement then going to the Criminal Record Centre within 14 working days, and confirmation back to the applicant within a further 21 working days.
• gov.za's own FAQ states a processing time of 75 days.
• A SAPS FAQ page states the process usually takes 20 to 28 weeks.

Because the Department of Justice and Constitutional Development is the office that actually processes these applications, and its figure is both the most recently dated and consistent with its own 14 and 21 working day sub-steps, this guide leads with 60 working days as the current estimate, while disclosing that gov.za and SAPS publish longer figures. The Department's own guidance also warns that enquiring about an application before the processing period has passed has a delaying effect on completing it.

Other Routes

Section 271C provides a separate, largely automatic expungement for certain convictions under a list of apartheid era statutes, carried out by the Criminal Record Centre without a Form A application in most cases, alongside a written application route for other pre-1994, race based convictions.

Section 271DA lets the Director-General revoke an expungement that was granted in error, if it later appears the applicant did not actually meet the section 271B criteria, reinstating the original conviction and sentence.

Section 271A is a different and narrower rule. It allows certain convictions to fall away as a previous conviction for sentencing purposes in a later case, after 10 years, but it does not expunge or delete the record itself. It should not be treated as an alternative to section 271B expungement.

A Presidential pardon is a separate, discretionary process for cases that fall outside section 271B's criteria, for example where the sentence exceeded R20,000 or involved direct imprisonment. It has no statutory eligibility formula and is not something this guide, or the eligibility checker, can assess.

Contact

Enquiries about expungement or a Presidential pardon go to the Department of Justice and Constitutional Development at expungements@justice.gov.za or 080 122 9017.

Check Your Eligibility

The South Africa expungement eligibility checker works through the section 271B criteria, including the qualifying sentence list and the register exclusions, against your own conviction.

Related Reading

For the SAPS clearance certificate needed before applying, see the Police Clearance Certificate guide. For an overview of both processes, see the criminal records section. For the wider site, see South Africa Laws.

Frequently Asked Questions

Who is eligible to have a criminal record expunged in South Africa?

Under section 271B of the Criminal Procedure Act, a conviction is eligible once 10 years have passed since the conviction and the sentence imposed falls within a defined list, which includes fines up to R20,000, imprisonment with the option of such a fine, and wholly suspended imprisonment, among others. A further conviction with direct imprisonment during those 10 years, or a listing on the National Register for Sex Offenders or National Child Protection Register, affects eligibility.

Does a prison sentence automatically disqualify a conviction from expungement?

No. Imprisonment with the option of a fine of R20,000 or less, and a sentence of imprisonment that was suspended wholly, both remain on the qualifying list. What disqualifies a conviction is imprisonment WITHOUT the option of a fine, meaning direct, unsuspended imprisonment.

How much does it cost to apply for expungement in South Africa?

The Department of Justice and Constitutional Development states, in its own published material, that this service is free of charge. Paid agencies advertise expungement assistance, but the Department is explicit that using one gets no preference in the order applications are processed.

How long does a criminal record expungement application take?

Official sources disagree. The Department of Justice and Constitutional Development's own factsheet, the most recently dated of the three, states 60 working days from receipt of all required documents. gov.za states 75 days, and a SAPS FAQ states 20 to 28 weeks. This guide leads with the Department's 60 working day figure while disclosing the other two.

What is the difference between expungement and a conviction falling away under section 271A?

Section 271B expungement removes the conviction and sentence from the record itself, on application. Section 271A is a narrower, separate rule: after 10 years, certain convictions stop counting as a previous conviction for sentencing purposes in a later case, but the record itself is not deleted.

Can an expunged criminal record be reinstated?

Yes. Section 271DA of the Criminal Procedure Act allows the Director-General: Justice and Constitutional Development to revoke an expungement that was granted in error, if it later appears the applicant did not actually meet the section 271B criteria, reinstating the original conviction and sentence.