Quick answer
Before booking a consultation, establish what the official record actually says. Obtain the conviction date, the offence, the wording of the sentence and a current SAPS police-clearance certificate if possible. Note any later convictions and whether the matter arose when the person was a child. Those facts allow a lawyer to identify the correct legal route instead of treating every old record as an ordinary adult expungement application.
How to use this guide
An old conviction is not automatically removable. Section 271B of the Criminal Procedure Act generally uses a ten-year period, but the sentence must also fall within a qualifying category and later criminal history may matter. Direct imprisonment and fines above R20,000 ordinarily fall outside that route. The consultation should therefore begin with the formal sentence rather than a family description such as “a small case” or “only a fine”.
Build an accurate eligibility snapshot
Write a one-page summary showing the court, case number, offence, conviction date, sentence and the date on which the sentence was completed, if known. Add every name and identity number that may appear on older records. If the police-clearance result seems to belong to another person or contains facts that do not match the court outcome, mark that as a possible record-accuracy problem rather than assuming expungement is the answer.
Keep section 271A separate in the summary. A previous conviction may fall away for certain previous-conviction purposes without the underlying criminal record being removed. A reader who confuses those concepts can submit the wrong request or tell an employer that the record has disappeared when it has not.
Ask which statutory pathway applies
Adult section 271B applications are only one part of the framework. A conviction imposed on a child can fall under the Child Justice Act process. Section 271C deals with specified pre-Constitution or apartheid-era matters. Pardons, diversions and record corrections have different legal foundations. The newer sections 57B to 57D create narrow admission-of-guilt routes for declared offences and specified Disaster Management Act matters; they do not make every admission-of-guilt fine expungable.
Tell the lawyer if the concern also involves the National Register for Sex Offenders or the National Child Protection Register. Removal from a criminal record does not necessarily resolve a separate statutory register, and register consequences can affect eligibility or require an additional process. A good first opinion should name the pathway being assessed and explain why the other pathways do not fit.
Prepare for a focused first consultation
Send legible copies before the meeting only through a secure method agreed with the practitioner. Keep the originals and an untouched digital copy. Ask the lawyer to identify any missing court record, police document or form that could change the opinion before authorising a full application.
The Department of Justice provides an ordinary expungement route without an application fee. A private lawyer or service may charge for advice, record retrieval, form preparation or follow-up, but payment cannot shorten a statutory waiting period or guarantee approval. Ask the practitioner to separate the cost of determining eligibility from the cost of preparing and tracking an application.
Records to take to the lawyer
- The current SAPS police-clearance certificate and fingerprint submission details
- Certified identity documents, including former names or identity particulars where relevant
- The charge, judgment, warrant of detention or another reliable record of the exact sentence
- Court, case and conviction information, plus any proof of later outcomes
- Correspondence about a pardon, diversion, child-justice matter or separate register
- A chronology of applications already submitted and responses received
Mistakes that weaken the first review
- Calculating ten years from memory while leaving the conviction document unchecked
- Describing the punishment as “just a fine” without recording the amount and statutory basis
- Assuming a job or visa deadline changes the legal eligibility test
- Paying a provider who promises priority, approval or a guaranteed completion date
- Treating submission, acknowledgement or a falling-away provision as final clearance
Questions worth answering before more work is authorised
- Which provision is being considered, and what fact places the record within it?
- Does the sentence qualify on its wording, amount and form?
- Could a later conviction or separate register prevent or complicate relief?
- Which official document is still missing from the eligibility opinion?
- How will the Criminal Record Centre's final action be confirmed?
- What is included in the quoted fee, and which government steps remain outside the lawyer's control?
Costs and likely timing
Allow for the police-clearance process, document retrieval, legal review where needed, delivery to the correct authority and official processing. None of those stages has a reliable universal duration. Use the current Department of Justice form and instructions rather than an address copied from an old article, because published contact details and form versions can differ. Keep proof of delivery and follow up with the reference number instead of filing duplicate applications without advice.
Important limitation
This is general South African information and not an opinion that a conviction qualifies for removal. The official offence, sentence, date, later history and applicable statute control the result. Continue to disclose the record where lawfully required until the competent authority confirms that it has been cleared.
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.