| (a) |
Where a court has imposed any of the following sentences on a person convicted of an offence, the criminal record of that person, containing the conviction and sentence in question, must, subject to paragraph (b) and subsection (2) and section 271D, on the person’s written application, be expunged after a period of 10 years has elapsed after the date of conviction for that offence, unless during that period the person in question has been convicted of an offence and has been sentenced to a period of imprisonment without the option of a fine: |
| (i) |
A sentence postponing the passing of sentence in terms of section 297(1)(a) where that person was discharged in terms of section 297(2), without the passing of sentence, or where that person was not called upon to appear before the court in terms of section 297(3); |
| (ii) |
a sentence discharging that person with a caution or reprimand in terms of section 297(1)(c); |
| (iii) |
a sentence in the form of a fine only, not exceeding R20 000; |
| (iv) |
a sentence of corporal punishment before corporal punishment was declared to be unconstitutional as a sentencing option; |
| (v) |
any sentence of imprisonment with the option of a fine, not exceeding R20 000; |
| (vi) |
any sentence of imprisonment which was suspended wholly; |
| (viA) |
an order in terms of section 290(1)(a) or (b) as that section was before it was repealed by section 99 of the Child Justice Act, 2008 (Act No. 75 of 2008); |
[Section 271B(1)(a)(viA) inserted by section 6(b) of Act No. 42 of 2013]
| (vii) |
a sentence of correctional supervision, referred to in section 276(1)(h) or a sentence referred to in section 276(1)(i); or |
[Section 271B(1)(a)(vii) substituted by section 6(c) of Act No. 42 of 2013]
| (i) |
who has been convicted of a sexual offence against a child or a person who is mentally disabled and whose name has been included in the National Register for Sex Offenders, as provided for in section 50 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007); or |
| (ii) |
whose name has been included in the National Child Protection Register as a result of a conviction for an offence, as provided for in section 120(1)(b) of the Children’s Act, 2005 (Act No. 38 of 2005), |
does not qualify to have the criminal record in question expunged in terms of this section, unless his or her name has been removed from the National Register of Sex Offenders, as provided for in section 51 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, or section 128 of the Children’s Act, 2005, as the case may be.
| (2) |
The Director-General: Justice and Constitutional Development must, on receipt of the written application of a person referred to in subsection (1), issue a certificate of expungement, directing that the criminal record of that person be expunged, if the Director-General is satisfied that the person applying for expungement complies with the criteria set out in subsection (1). |
| (3) |
The Director-General: Justice and Constitutional Development must submit every certificate of expungement that has been issued as provided for in subsection (2) to the head of the Criminal Record Centre of the South African Police Service, to be dealt with in accordance with section 271D. |
[Section 271B inserted by section 3 of Act No. 65 of 2008]
Stamp Duties Act, 1968 (Act 77 of 1968)
