Expungement of a criminal record

FOR FURTHER ENQUIRIES OR TO APPLY, CLICK HERE

To read more.... Select an item 1 to 5 from below

1. What is Expungement of a Criminal Record?

2. How do I qualify?

3. When do I NOT qualify?

4. What is the process?

5. What are the costs?

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In recent times the Criminal Procedure Act was amended to provide for the expungement of some criminal records.

What is Expungement ? Expungement is the process by which a criminal record is cleared and removed from your personal record and to give you the opportunity to make a new beginning with a clean record in life.

So, why not clear your name? There is nothing stopping you.
There is no need to spend time in consultation with an attorney.

Don’t let a criminal record prevent you from things  like a new job, a fire-arm licence application.

Re-establish yourself in society.

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How do you qualify? You may qualify 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 convicted and imprisoned for any other offence during those 10 years, without the option of a fine.

4. You were sentenced to the following sentences:

4.1. Conviction of lesser 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 were 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.

7. You paid a fine not in excess of R 20 000.00

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You will NOT qualify if:

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

2. If you were convicted of a sexual offense 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 offense, which was not a political offense 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.

6. You paid a fine in excess of R 20 000.00


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SO, HOW IS IT DONE?
The process is as follows:

1-A clearance certificate (which give the details of your record and need to accompany your application) must be applied for at the police by yourself or we can do it on your behalf. You can also apply for it to check if you’ve got a criminal record.

2-You will be forwarded documents by e-mail  to you which will enable us to complete your application to expunge.


3-Once in possession of all the necessary documents, your application is lodged at the department of justice and constitutional development


4-The department of justice and constitutional development’s time frame to entertain applications is approximately 8 weeks.

5-If your application is successful they refer it to the criminal record centre to remove it from your record and they furnish us with a letter of confirmation that your record has been removed. Their time frame to remove it from your record is approximately 21 working days.

6-Once your record(s) has been removed, it’s removed for ever and you’ve got no legal obligation to publish your past record to anybody.

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COSTS of APPLICATION

The fee is an all inclusive fee with no hidden and additional costs whatsoever.

There are got two different fee packages and it will depend on the following:

Option 1

You’re already in possession of a clearance certificate or will apply personally for one and furnish us with it to enable us to proceed with your application.

Option 2

You’re not in possession of a clearance certificate and want us to apply for it on your behalf to enable us to proceed with your application.(for the convenience thereof or if you live abroad)

 

The costs will be discussed with every client personally before we proceed with the application. Feel free to contact us and we’ll furnish you free of charge with a quote to remove your criminal record.


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FOR FURTHER ENQUIRIES OR TO APPLY, CLICK HERE