Quick answer
Ask the lawyer to identify the exact legal pathway before discussing an application. The useful opening question is not “Can you clear my record?” but “Which provision could apply to this offence, date and sentence?” Follow that with questions about exclusions, later convictions, missing official records, separate registers, professional scope and the evidence that will prove final removal.
How to use this guide
A careful lawyer may need the current SAPS police-clearance certificate and formal sentence record before giving a conclusion. That is a sign of responsible analysis, not delay. Be cautious if someone guarantees eligibility or a completion date from a short description, because the Department of Justice and Criminal Record Centre control the official process.
Test the proposed statutory route
For an ordinary adult section 271B application, ask how the ten-year requirement has been calculated and which listed sentence category is relied on. Confirm the fine amount and whether imprisonment was direct or offered as an alternative. Direct imprisonment and fines above R20,000 ordinarily do not fit that route, while later criminal history can also affect the assessment.
If the conviction occurred when the applicant was a child, ask about the Child Justice Act process instead of accepting an adult form by default. A section 271C historical matter, pardon, diversion or record-correction request should be named accurately. Where an admission-of-guilt fine is involved, ask whether the offence was declared under section 57B(1) and section 57C therefore applies, or whether the narrow section 57D Disaster Management Act mechanism applies. Those provisions do not cover every fine paid under section 57.
Ask about exclusions and parallel records
Request a direct answer on whether the offence or sentence is excluded and what official source supports that view. Ask how a later conviction would change the position. If the person appears on the National Register for Sex Offenders or National Child Protection Register, establish whether that listing blocks the criminal-record route or requires its own removal process.
Also ask whether the issue may be inaccurate data rather than a valid conviction awaiting expungement. A mistaken identity, duplicate identity number or mismatch between the police result and court outcome can call for correction steps. Filing an expungement application may wrongly accept an entry that should first be challenged.
Define the lawyer's mandate
Clarify whether the fee covers only an eligibility opinion, obtaining court records, checking the police clearance, preparing the form, serving or delivering the application, following up, or handling a refusal. Ask who will perform the work, how progress will be reported and which disbursements require approval. The ordinary government application itself is free; professional work around it may be charged.
Ask how the practitioner will verify the end of the process. A courier receipt, Justice acknowledgement or provider dashboard does not mean the record has been cleared. The mandate should specify whether the lawyer will obtain or help the client obtain confirmation from the Criminal Record Centre after the application is processed.
Material to have beside you when asking questions
- A recent SAPS police-clearance certificate and its fingerprint reference
- The official offence, conviction date, court, case number and precise sentence
- Details of any later conviction, pending case or warrant concern
- Identity documents and previous names linked to the historical record
- Papers relating to child justice, a pardon, diversion or admission-of-guilt payment
- Correspondence from any separate register, employer, regulator or visa authority
- Earlier application forms, proof of delivery and official replies
Questions for the consultation
- What statute and section would authorise removal of this particular record?
- Which sentence category applies, and what evidence proves it?
- From what date is the waiting period measured in this case?
- Does any later conviction or excluded offence prevent the proposed route?
- Is there an NRSO, child-protection-register or record-accuracy issue to handle separately?
- Which document must be obtained before the opinion can be finalised?
- What is the expected work sequence, and which steps does the quoted fee exclude?
- How will I know that the Criminal Record Centre has completed the removal?
Warning signs when evaluating an answer
Do not rely on a promise that every record disappears after ten years. Treat a claim that all admission-of-guilt fines qualify with equal caution. A professional should be able to explain uncertainty without selling a guaranteed outcome, asking for an unofficial payment or telling the client to conceal a still-current record.
Costs and process expectations
Ask for written fees for the eligibility stage before committing to a full service. A complex historical file or separate-register problem may require more work than a complete qualifying application. The adviser should distinguish time under professional control from SAPS, Justice Department and Criminal Record Centre processing, and should not market an administrative estimate as a fixed legal deadline.
Important limitation
These consultation questions provide a preparation framework rather than advice on a specific conviction. Current official records and the applicable statute must support the lawyer's conclusion. No practitioner can promise approval, processing priority or a date by which the record will disappear.
FAQs
Does every conviction disappear after ten years?
No. The sentence, offence, later history and statutory route still matter, and some convictions do not qualify under ordinary section 271B.
Is every admission-of-guilt fine expungable?
No. The newer sections 57B to 57D are narrow and depend on declared offences or specified circumstances. Check the actual record and provision.
Is a lawyer required for ordinary expungement?
No. The Department of Justice provides a free administrative application route, although legal advice may help with uncertainty, exclusions or inaccurate records.
When can I say the record is cleared?
Only after the official process is complete and the Criminal Record Centre confirms the outcome; submission or acknowledgement alone is not clearance.
Related Lexuno paths
Source notes
- Criminal Procedure Act 51 of 1977
- Department of Justice — Expungement of a criminal record
- Department of Justice — Expungement forms
- SAPS — Applying for a Police Clearance Certificate
- Child Justice Act — Expungement guidance
- National Register for Sex Offenders forms
- Judicial Matters Amendment Act 15 of 2023
Legal note
This article is general legal information for South African readers. It is not legal advice. Speak to a qualified legal professional about your specific facts before taking action.