Criminal Record Expungement

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Kasey411

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Hi guys,

Hoping to find someone with some experience in this. When I was 17 I shoplifted a pencil like an idiot. Live in regret to this day. It was a suspended sentence of 5 years. So no jail time or anything like that. Anyway, It's been 16 years since the conviction and I'm now trying to get it expunged.

I need this done as FAST as humanly possible. Reading into it, there's an application form to fill out and you attach your police clearance certificate to it and send it in, 3 people review it, they send out a notice to the Criminal Record Center to have the record removed. Sounds quiet straight forward and since I was 17 and I'm totally clean now with no other offences, I'm assuming that I would not be denied expungement for any reason.

I read online from law sites that it's not a straight forward process though and a lawyer should handle it. I don't know if they're making it sound more complex than it is because they want you to hire them...

Has anyone here ever had a record expunged successfully without breaking the bank, having a lawyer do it for you?

I know I probably also need to approach any background check companies and have them update their database, I've no idea how many companies would have the knowledge of my record on file though.
 
Fast as possible? Not likely dude.. I reckon optimistically about a year to get it done if you can get it do e
 
Thought I read this before op you seriously going to start the same thread again?
Did you get your police clearance?
 
Last edited:
marioat1 said:
Thought I read this before op you seriously going to start the same thread again?
Click to expand...
Who knows?

Maybe the expungement procedure drastically changed over the Xmas holidays, and this month's criminal record expungement question will get different answers?

Always good to double check.
 
scudsucker said:
Who knows?

Maybe the expungement procedure drastically changed over the Xmas holidays, and this month's criminal record expungement question will get different answers?

Always good to double check.
Click to expand...
Hahaha so true
 
You dont need a lawyer. There is a form to download (J74EE Form A) , fill it in and take it to your nearest police station. Pay R90 and get your fingerprints taken. You then need to mail it off to the Criminal records department in Pretoria. Wait about 6-9 months for the reply.

What is the procedure to follow to expunge a criminal record?

- The applicant has to obtain a clearance certificate from the South African Police Services, complete a prescribed form available on the Department of Justice and Constitutional Development’s website and all magistrate’s offices. The clearance certificate must be attached to the application form and be posted or faxed to the department for processing. Once the application is received with all the relevant information, the matter is finalised within four months.

What happens after the procedure has been done?

- The application has to be verified by different officials within the department and the Department of Justice and Constitutional Development’s director-general has the final say on whether the request should be granted or not. As soon as a decision is taken, the application is taken to the police to effect the expungement and inform the applicant of the outcome thereof.

Nonkululeko Sindane
Director General
Department of Justice and Constitutional Development
Postal: Private Bag X 81, PRETORIA, 0001
Physical: 316 Thabo Sehume (Andries Street), SALU Building, Office 2515
Email: [email protected]
Tel: (012) 406 4701
Fax: (012) 406 4703
 
Drifter said:
You dont need a lawyer. There is a form to download (J74EE Form A) , fill it in and take it to your nearest police station. Pay R90 and get your fingerprints taken. You then need to mail it off to the Criminal records department in Pretoria. Wait about 6-9 months for the reply.

What is the procedure to follow to expunge a criminal record?

- The applicant has to obtain a clearance certificate from the South African Police Services, complete a prescribed form available on the Department of Justice and Constitutional Development’s website and all magistrate’s offices. The clearance certificate must be attached to the application form and be posted or faxed to the department for processing. Once the application is received with all the relevant information, the matter is finalised within four months.

What happens after the procedure has been done?

- The application has to be verified by different officials within the department and the Department of Justice and Constitutional Development’s director-general has the final say on whether the request should be granted or not. As soon as a decision is taken, the application is taken to the police to effect the expungement and inform the applicant of the outcome thereof.

Nonkululeko Sindane
Director General
Department of Justice and Constitutional Development
Postal: Private Bag X 81, PRETORIA, 0001
Physical: 316 Thabo Sehume (Andries Street), SALU Building, Office 2515
Email: [email protected]
Tel: (012) 406 4701
Fax: (012) 406 4703
Click to expand...
Thank you.

/downloads form

EDIT: Source of form: http://www.justice.gov.za/forms/expungement/J744e_formA.pdf

Some more info:

GENERAL INFORMATION
Who may apply for the expungement of a criminal record:

A person may apply if:

10 Years has lapsed after the date of the conviction for that offence.

The person has not been convicted of any other offence and sentenced to a period of
imprisonment without the option of a fine during those 10 years.

The person was sentenced to any of the sentences set out in Part II of this Form.

A person will not qualify if:

He or she was convicted of a sexual offence against a child or a person who is mentally
disabled or of an offence, where he or she was found to be unsuitable to work with children.

His or her name is included in the National Register for Sex Offenders or the National Child
Protection Register but may qualify if his or her name has been removed from the National
Register for Sex Offenders or the National Child Protection Register
Click to expand...
 
Last edited:
marioat1 said:
Thought I read this before op you seriously going to start the same thread again?
Did you get your police clearance?
Click to expand...

That was regarding my police clearance and visa application. This is not the same topic. I've got the police clearance - I just need to find the best and most effective way to get the record expunged now and I'm not sure if it's worth paying thousands to a lawyer if they can't do it any better than I can.

I'm here looking for people who have had their records expunged or have knowledge/advice on the best way to go about it.

If you read the previous thread, you'll see it's different topics.
 
You could have literally looked at floor to find enough money for a pencil.

I call BS on "pencil".
 
Datura said:
Thank you.

/downloads form

EDIT: Source of form: http://www.justice.gov.za/forms/expungement/J744e_formA.pdf

Some more info:
Click to expand...

Thank you both Datura and Drifter, appreciate the info. I'm just wondering if a lawyer can expedite things for me. I found this site: https://www.freshstartlawcentre.co.za/ - they make big promises and also state that they'd cap the cost at R2190 - other law firms apparently can run much much higher.

They also claim the following:
Application to remove your Criminal Record:
Fresh Start Law Centre: 12 weeks or less (that's 1-3 months faster)
The competition: 18-26 weeks

I don't know - if they can actually pull it off faster for me, I'd gladly pay them to do so...

I'm just not sure if they actually do have the power to do it faster as opposed to me doing it myself.

I know I qualify for expungement but I don't want to mess this up - if I fail to get the record removed and it's denied, it would take a lot of money and time to appeal the decision.
 
Rickster said:
You could have literally looked at floor to find enough money for a pencil.

I call BS on "pencil".
Click to expand...

Yeah as stupid as it was, it's real. I have no reason to lie anonymously online to strangers about that - literally won't serve any purpose to lie when I'm trying to seek advice to fix this. I was dumb and it was a weird impulse.

ALSO, money wasn't an issue - I literally spent a few hundred to buy blank discs from that same store on that same day and I had plenty money to buy the pencil too. I just did this impulsively and for the rush I guess. I had a very crazy childhood. Very suppressed by an abusive, drunken father. I always remained on good behavior - never skipping school, studying, doing my homework, being a good girl...

I had this sudden need to be a rebel and I did it in the dumbest way possible and I've made travelling 200 times tougher because of that one moment. I've not had any run ins with the law since. I've studied in a respectable field and did a lot to serve the community on my own but I'll be judged by the one bad thing I did for the rest of ****ing time. I hate this.
 
Last edited:
Kasey411 said:
Yeah as stupid as it was, it's real. I have no reason to lie anonymously online to strangers about that - literally won't serve any purpose to lie when I'm trying to seek advice to fix this. I was dumb and it was a weird impulse.

ALSO, money wasn't an issue - I literally spent a few hundred to buy blank discs from that same store on that same day and I had plenty money to buy the pencil too. I just did this impulsively and for the rush I guess. I had a very crazy childhood. Very suppressed by an abusive, drunken father. I always remained on good behavior - never skipping school, studying, doing my homework, being a good girl...

I had this sudden need to be a rebel and I did it in the dumbest way possible and I've made travelling 200 times tougher because of that one moment. I've not had any run ins with the law since. I've studied in a respectable field and did a lot to serve the community on my own but I'll be judged by the one bad thing I did for the rest of ****ing time. I hate this.
Click to expand...

How is this possible? Anyone would just pretend to have forgotten about the pencil, apologise profusely and pay for it.
 
Kasey411 said:
Thank you both Datura and Drifter, appreciate the info. I'm just wondering if a lawyer can expedite things for me. I found this site: https://www.freshstartlawcentre.co.za/ - they make big promises and also state that they'd cap the cost at R2190 - other law firms apparently can run much much higher.

They also claim the following:
Application to remove your Criminal Record:
Fresh Start Law Centre: 12 weeks or less (that's 1-3 months faster)
The competition: 18-26 weeks

I don't know - if they can actually pull it off faster for me, I'd gladly pay them to do so...

I'm just not sure if they actually do have the power to do it faster as opposed to me doing it myself.

I know I qualify for expungement but I don't want to mess this up - if I fail to get the record removed and it's denied, it would take a lot of money and time to appeal the decision.
Click to expand...

They claim they can do it quicker, they cant. It takes as long as it takes within the criminal records department. You are wasting money/ R90 is a lot less than R2190.
 
Seems MyBB draws a certain crowd judging by how many of these threads we've seen.
 
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