What happens if you
committed a petty offence (like shoplifting) and you want to clear your name?
The
act that applies is the Criminal Procedure Act 51 of 1977, that provides that
your criminal record can be ‘expunged’ from the records of the Criminal Records
Centre after ten years have elapsed from the date of conviction of that offence,
if:
·
Your petty theft conviction relates to
a sentence of a fine only, under R20,000.
·
You have not committed another offence (that
entails a prison sentence without the option of a fine) during the ten-year
period.
This
is the process to get your sentence expunged:
·
You obtain a clearance certificate from
your police station to show that ten years have elapsed, after the conviction
and sentencing;
·
Complete forms (that you can download
from the internet) http://www.justice.gov.za/forms/expungement/J744e_formA.pdf;
·
Send the forms to the Director-General
for Justice and Constitutional Development, who will issue a Certificate of
Expungement, if you meet the required criteria;
·
The Certificate of Expungement is sent
to the head of the Criminal Records Centre of the SAPS, ordering the criminal
record to be expunged.
I
suggest that you get proper legal advice, to make sure you complete the correct
form and follow the right procedure.
