A criminal record in South Africa is an official record kept by the South African Police Service (SAPS) showing that a person has been convicted of a crime by a court of law. It serves as permanent proof that someone has been found guilty of an offence, no matter how minor or serious.
On this page, you will learn what a criminal record is, which laws govern it, how it affects employment and travel, how long it lasts, and what steps you can take to clear it through expungement.
Understanding a Criminal Record under South African Law
A criminal record is created once a person is convicted — not just arrested or charged. This means that if you are accused but later found not guilty, you do not get a criminal record.
SAPS keeps these records in its Criminal Record Centre (CRC). Each conviction is linked to your fingerprints, identity number, and the details of the case.
The legal foundation for criminal records lies in:
- The Criminal Procedure Act, 1977 (Act No. 51 of 1977) — which sets out the process of conviction and sentencing.
- The Criminal Law Amendment Act, 1997 (Act No. 105 of 1997) — which prescribes mandatory sentences for certain serious crimes.
- The Criminal Records Expungement Act, 2008 (Act No. 65 of 2008) — which allows eligible individuals to have certain minor records removed after a set period.
Key Legal Frameworks Governing Criminal Records
| Law / Act | Purpose |
|---|---|
| Criminal Procedure Act, 1977 (Act 51 of 1977) | Defines how convictions are recorded and handled. |
| Criminal Records Expungement Act, 2008 (Act 65 of 2008) | Allows eligible individuals to apply for record clearance. |
| Child Justice Act, 2008 (Act 75 of 2008) | Sets special rules for minors’ records and rehabilitation. |
| Protection of Personal Information Act, 2013 (POPIA) | Ensures personal data in criminal records is kept securely and used lawfully. |
Historical Evolution of Criminal Records in South Africa
During apartheid, criminal records were often used to punish political activists and restrict their rights. Many people were labelled as “criminals” for acts such as protesting or defying segregation laws.
After 1994, the Constitution of South Africa (1996) introduced a new focus on rehabilitation and human rights. The Criminal Records Expungement Act (2008) was passed to help individuals who committed minor offences rebuild their lives.
This reform recognised that not every conviction should define a person’s future.
When a Criminal Record Is Created
A criminal record is created when:
- A person is found guilty of a criminal offence by a court.
- The court sentence is confirmed, whether it is a fine, imprisonment, or a suspended sentence.
- SAPS receives fingerprints and case details from the court.
- The record is stored at the SAPS Criminal Record Centre (CRC).
Even minor offences such as shoplifting, drunk driving, or possession of cannabis (before legal reforms) can result in a criminal record.
How Long a Criminal Record Lasts
A criminal record does not automatically disappear — it remains permanent unless formally expunged.
However, under the Criminal Records Expungement Act, you can apply for removal if:
- 10 years have passed since your conviction.
- You were not sentenced to prison without the option of a fine.
- You have no other convictions within that 10-year period.
- The offence was not serious, such as murder, rape, or fraud.
Expungement applications are submitted to the Department of Justice and Constitutional Development, which verifies eligibility through SAPS and the National Prosecuting Authority (NPA).
Implications of Having a Criminal Record
Having a criminal record can affect almost every part of your life:
- Employment: Many employers request police clearance certificates, and a record can limit job opportunities.
- Travel and Immigration: Some countries, such as the USA and Canada, may deny visas to applicants with records.
- Professional Licensing: You may be disqualified from professions like teaching, law, or security.
- Public Trust: It can affect personal reputation and credibility.
- Rehabilitation: It can delay reintegration, especially for young offenders.
5 Important Points Every South African Should Know about Criminal Records
- An arrest does not mean a criminal record. Only a conviction does.
- You can apply for expungement after 10 years for minor offences.
- Employers must respect privacy laws when handling background checks under POPIA.
- Juvenile records can be automatically cleared in some cases under the Child Justice Act.
- You can request your own criminal record clearance at any SAPS station for R70 (Police Clearance Certificate).
Real Example
A man convicted in 2009 for driving under the influence paid a fine and served no jail time. By 2020, he had not committed any other offence.
He applied for expungement through the Department of Justice using the prescribed Form J744. After verification by SAPS, his record was cleared, and he could now apply for jobs without declaring a conviction.
Legal Framework Summary
| Institution | Role |
|---|---|
| SAPS Criminal Record Centre (CRC) | Stores and manages all criminal records. |
| Department of Justice and Constitutional Development | Handles applications for expungement. |
| National Prosecuting Authority (NPA) | Verifies eligibility for expungement. |
| Information Regulator South Africa | Ensures compliance with data protection laws. |
FAQs About What Is a Criminal Record in South Africa
Many South Africans are unsure what a criminal record actually means, how it affects employment, and whether it can be cleared.
These FAQs explain what a criminal record is in South Africa, how it is created, and what steps can be taken to remove it.
What is a criminal record in South Africa?
A criminal record in South Africa is an official record kept by the South African Police Service (SAPS) showing that a person has been found guilty of a criminal offence in court.
It is stored in the SAPS Criminal Record Centre (CRC) and remains linked to your ID number and fingerprints.
When does someone get a criminal record?
A person receives a criminal record only after being convicted in court — not just for being arrested or charged.
Once a judge or magistrate finds you guilty, your fingerprints and conviction details are sent to the Criminal Record Centre, where they are stored permanently unless cleared.
What information appears on a criminal record?
A criminal record includes:
- The person’s full name and ID number
- The offence committed (e.g., theft, assault, or fraud)
- The date of conviction
- The sentence imposed
- The court name and case number
This information is used by employers, immigration offices, and security agencies when doing background checks.
How long does a criminal record last in South Africa?
A criminal record stays active for 10 years after the sentence is completed, unless the person applies for an expungement.
However, serious offences such as rape, murder, or fraud involving large amounts cannot be expunged and remain permanently recorded.
What is expungement of a criminal record?
Expungement is the legal process of removing a criminal record from official police and court databases.
It is available under the Criminal Procedure Act, 1977 (Section 271B) and allows a person to clear their record if:
- Ten years have passed since conviction,
- They were not sentenced to prison without the option of a fine, and
- They have not committed another offence in that period.
How do you check if you have a criminal record in South Africa?
You can request a Police Clearance Certificate from SAPS.
To do this:
- Visit your nearest police station and submit your fingerprints.
- Pay the required fee.
- Wait for processing by the Criminal Record Centre (usually 4–8 weeks).
The certificate will state whether you have any recorded convictions.
Can a criminal record affect employment in South Africa?
Yes. Many employers, especially in financial, security, and government sectors, require a clean record.
However, the Employment Equity Act discourages unfair discrimination — meaning employers must consider the type of offence and how long ago it happened, not automatically reject candidates.
Can you travel internationally with a criminal record?
A criminal record can affect visa approval or entry into certain countries, especially the USA, UK, Canada, and Australia.
While South Africa does not prevent you from leaving the country, foreign immigration authorities may deny visas based on your record.
How do you clear your criminal record in South Africa?
To clear a record, you can apply for expungement by:
- Completing Form J744 (available from the Department of Justice or SAPS website).
- Submitting it to the Director-General of Justice with your Police Clearance Certificate.
- Waiting for approval — if successful, SAPS will remove your name from the Criminal Record Centre database.
This process can take up to six months.
Why is it important to clear your criminal record?
Clearing your record helps you restore your reputation, improve job opportunities, and travel freely.
It also gives a second chance to those who have served their sentence and turned their lives around — reinforcing the constitutional principle of rehabilitation and human dignity.
Conclusion: Managing a Criminal Record in South Africa
A criminal record in South Africa is more than a mark on paper — it can shape your access to opportunities, employment, and freedom. The justice system recognises the importance of second chances through expungement laws, but the responsibility lies with individuals to apply and follow the process.
Understanding your rights under the Criminal Records Expungement Act and the Constitution can help you rebuild your life legally and confidently. Mistakes should not define your entire future — South African law provides a path toward rehabilitation and restoration.
