10-Year Myth: Will Your Criminal Record Clear Itself?
Heard your criminal record disappears after 10 years? It does not. In South Africa, old convictions stay on file until you formally remove them. Finding this out during a job screening or at a border crossing can be terrible.
We provide help to South Africans navigating the formal expungement process. Our team handles the paperwork while you focus on moving forward.
Get your record cleared and reclaim your future! Contact Police Clear today!
Your Criminal Record Does Not Disappear After 10 Years
Under Section 271A of the Criminal Procedure Act 51 of 1977, minor convictions can “fall away” after 10 years.
But “falling away” has a specific legal meaning. A court can no longer treat you as a repeat offender if you face a new conviction.
Your original record stays visible on the SAPS National Criminal Record Centre database.
When an employer runs a criminal record check, your record appears regardless of whether it has technically “fallen away.” The same applies to embassies assessing your visa.
Why You Need to Formally Expunge a Conviction
Expungement permanently removes a conviction from the database. Under Section 271B of the Criminal Procedure Act 51 of 1977, once your application is approved, the Department of Justice issues a certificate to SAPS and the entry is deleted.
You can then legally state on any form you have no criminal record.
Here is where an unexpunged record causes real problems:
- Employment: Employers run criminal record checks routinely. An old admission of guilt fine for shoplifting still appears unless you expunge the conviction first.
- Travel and visas: Embassies access full criminal histories. A minor offence from decades ago can still result in a visa denial.
- Daily life: From coaching your child’s sports team to applying for housing, a criminal record surfaces in unexpected situations.
Who Qualifies for Criminal Record Expungement in South Africa?
You may qualify if:
- At least 10 years have passed since your conviction with no subsequent convictions
- The offence was minor, such as petty theft, shoplifting or fraud
- Your sentence was a fine not exceeding R20,000, or imprisonment with the option of a fine
- You were told paying a fine would not create a criminal record but later discovered one exists
Serious offences, including murder and sexual offences, do not qualify.
Police Clear: Trusted Criminal Record Help in South Africa
The expungement process involves multiple government forms, a police clearance certificate from SAPS and a formal submission to the Department of Justice and Constitutional Development. Errors cause delays, and the process can take months.
We are an accredited documentation facilitation service. Our consultants manage the entire expungement application on your behalf, with offices in Cape Town and Sandton serving local and international clients.
Ready to clear your criminal record? Don’t delay, contact our offices today!
