WHEN CAN A PERSON APPLY FOR AN EXPUNGEMENT OF A CRIMINAL RECORD?

• When a period of 10 years has lapsed after the date of the conviction for that offence;
• when the person has not been convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years; and 
• provided that the person was sentenced to any of the following sentences:
  • Corporal punishment.
  • Sentence was postponed or the person was cautioned and discharged.
  • Fine not exceeding R20 000.
  • Imprisonment with the option to pay a fine instead of serving the period of imprisonment.
  • Imprisonment was suspended wholly.
  • Correctional supervision in terms of section 276(1)(h) of the Act.
  • Imprisonment in terms of section 276(1)(i) of the Act.
  • Periodical imprisonment in term of section 276(1)(c) of the Act