How long does a criminal record last for in South Africa?
In South Africa, the length of time a criminal record stays on your record depends on the severity of the offense and whether you were an adult or minor at the time of the conviction. Here’s a breakdown:
Expungement Process:
South Africa offers an expungement process that allows you to have your criminal record cleared under certain conditions. This essentially removes the record from public view, making it invisible to most background checks.
Eligibility for Expungement:
- 📌 Minor Offenses: Generally, only convictions for minor offences, like petty theft or shoplifting, are eligible for expungement.
- 📌 Time Limits:
- Adults: You can apply for expungement 10 years after the conviction date if you haven’t been convicted of any other offence during that period.
- Minors: If you were under 18 at the time of the offense, the waiting period for expungement is 5 years from the conviction date.
- 📌 No Imprisonment: The sentence for the offense shouldn’t have included imprisonment, even if suspended.
If You Don’t Apply for Expungement:
- ✅ Minor Offenses: If you don’t apply for expungement for a minor offense, the record will generally be automatically removed from public view after 10 years.
- ✅ Serious Offenses: For more serious offenses, the criminal record remains on your record indefinitely.
Here’s a table summarizing the record duration:
| Offense Severity | Age at Conviction | Expungement After | Automatic Removal (No Expungement) |
| 🟦 Minor Offense | Adult | 10 years | 10 years |
| 🟧 Minor Offense | Minor | 5 years | 10 years |
| 🟥 Serious Offense | Any Age | Not applicable | Never removed |
Important Considerations:
- ✅ The information above provides a general guideline. The specific details and timelines can vary depending on the exact nature of the offense and the sentence imposed.
- ✅ Consulting a lawyer specializing in criminal law is recommended for accurate guidance related to your specific situation. They can advise you on eligibility for expungement and the process involved.
Remember
An expungement doesn’t erase the fact that the crime occurred. However, it can significantly improve your chances of securing employment, housing, or other opportunities that might be restricted by a criminal record.
