Criminal Record Expungement Checker South Africa (2026)
Answer four questions to see whether a conviction appears to meet the s271B expungement criteria of the Criminal Procedure Act 51 of 1977. Free, instant, and answered entirely in your browser; nothing you enter is stored or sent anywhere.
Section 271B Check
The record appears to meet the s271B criteria
How the s271B Criteria Work
Expungement removes a qualifying conviction from the criminal record kept by the SAPS Criminal Record Centre. Section 271B sets objective criteria: 10 yearsmust have passed since the date of conviction; the sentence must be on the Act's qualifying list; during those 10 years there must be no new conviction punished with imprisonment without the option of a fine; and the person must not be listed on the National Register for Sex Offenders or the National Child Protection Register (unless the name has been removed).
The qualifying list is wider than most people expect: a fine of R20,000 or less, imprisonment with the option of a fine, wholly suspended imprisonment, correctional supervision, periodical imprisonment, a postponed sentence or discharge, and historical corporal punishment all qualify. What does not qualify is direct imprisonment without the option of a fine, or a fine above R20,000. The full process, forms and addresses are in the expungement guide.
Who Is Eligible
Eligibility is decided by the Director-General: Justice and Constitutional Development on a written application (Form A, also numbered J744), supported by a police clearance obtained first: either the R95 Police Clearance Report from any Local Criminal Record Centre or the R190 Police Clearance Certificate. The Department renders the expungement service free of charge, and applications from paid agencies get no priority. The Director-General can also revoke a certificate issued in error (s271DA), so an application that does not genuinely meet the criteria gains nothing.
Frequently Asked Questions
How long before a criminal record can be expunged in South Africa?
Ten years must have passed since the date of conviction, with no conviction during that period that was punished with imprisonment without the option of a fine (CPA s271B).
Does a suspended sentence stop expungement?
No. A wholly suspended sentence of imprisonment is on the qualifying list, as is imprisonment with the option of a fine where the fine did not exceed R20,000. Direct imprisonment without the option of a fine is what disqualifies.
How much does expungement cost?
The Department of Justice and Constitutional Development processes expungement applications free of charge. The only cost is the police clearance you attach first: R95 for a Police Clearance Report or R190 for a Police Clearance Certificate.
How long does an expungement application take?
Official estimates differ: the Department of Justice factsheet says about 60 working days from receipt of all documents, gov.za says about 75 days, and the SAPS FAQ has quoted 20 to 28 weeks. Enquiries before the stated period has passed slow processing down.
What if the sentence does not meet the criteria?
Convictions punished with direct imprisonment or fines above R20,000 fall outside s271B. The remaining route is a Presidential pardon, which is discretionary, or the automatic s271C mechanism for certain apartheid-era offences.
Does this tool store or send my answers anywhere?
No. The check runs entirely in your browser. Nothing you enter is saved, transmitted, or used to contact you.
This checker applies the criteria in s271B of the Criminal Procedure Act 51 of 1977 (as consolidated to 2024) to the answers you give. It is general legal information, not legal advice, and it cannot verify anyone's actual record. RecordingLaw.com is not affiliated with any South African government body; the Director-General: Justice makes the binding decision. Consult an attorney, or Legal Aid South Africa (0800 110 110), about your own situation.
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