Criminal Record Expungement in Alberton

A qualifying South African criminal record may be expunged once 10 years have elapsed after the conviction under section 271B(1) of the Criminal Procedure Act, 1977 (Act 51 of 1977). The process uses Form J744 and a SAPS clearance document, is decided administratively by the Department of Justice and Constitutional Development in Pretoria, and does not require a court appearance.

Eligibility turns on the exact sentence, later convictions and any relevant register entry. Burger Huyser Attorneys’ Alberton branch can screen the record, prepare the application and manage correctly timed follow-up.

Why Engage an Alberton Attorney for a Free Department of Justice Process

The Department does not charge an expungement fee, and applicants may apply without an attorney. Legal assistance remains useful because one non-qualifying sentence, an intervening conviction carrying imprisonment without a fine option, or a continuing register entry can prevent approval.

An attorney checks Form J744, the 10-year timing of the SAPS document and all attachments. Incomplete documents delay processing, while enquiries made inside the stated processing period can slow the file. The Alberton branch serves applicants from Randhart, Alberante, Brackenhurst, Brackendowns, Meyersdal and surrounding areas.

What the Service Covers (Scope of Engagement)

Stage	Work undertaken
Eligibility screening	The record is screened against section 271B(1) before preparation.
SAPS document coordination	The clearance document is obtained and its 10-year timing checked.
Form J744 preparation	Parts II and III are completed and supporting documents indexed.
Lodgement and tracking	The complete file is sent to Pretoria and tracked after the processing window.
Outcome handling	Approval is tracked through SAPS; refusal reasons are assessed for next steps.
Register confirmation	Applicable proof of removal from either statutory register is obtained.

Eligibility Under Section 271B(1): What Qualifies and What Does Not

Ten years must have elapsed after the date of conviction, and the applicant must not have been convicted during that period of another offence for which imprisonment without the option of a fine was imposed.

Sentences that may qualify

• Postponement of sentence followed by discharge, or caution and discharge.
• A fine only not exceeding R20,000.
• Imprisonment with the option of a fine not exceeding R20,000.
• A sentence of imprisonment that was wholly suspended.
• Correctional supervision under section 276(1)(h), or a sentence under section 276(1)(i).
• Periodical imprisonment under section 276(1)(c).
• Corporal punishment imposed before it was declared unconstitutional.
• A qualifying former section 290(1)(a) or (b) order covered by section 271B(1)(a)(viA).

Grounds that prevent approval

• The 10-year period has not elapsed.
• The relevant sentence was direct imprisonment without a fine option and does not fall within a listed qualifying category.
• A fine exceeded R20,000.
• A later conviction in the 10-year period resulted in imprisonment without the option of a fine.
• The applicant’s name remains on the National Register for Sex Offenders or the National Child Protection Register.

A sexual offence against a child or a person who is mentally disabled requires proof that the applicant’s name has been removed from the applicable register. The sentence and register history should therefore be checked before time and money are spent assembling the file.

Required Documents

Document	Requirement
SAPS clearance document	It must show that 10 years have elapsed after the conviction and sentence. The Department calls this a clearance certificate; current SAPS guidance refers to a Police Clearance Report for expungement.
Form J744 (Form A)	Parts II and III must be completed and the applicant must sign the declaration.
Identity document	A South African ID is needed for intake and the SAPS request; a certified copy should be kept with the working file.
Register-removal confirmation	Required only if the applicant was listed on either relevant register.

The Application Process, Step by Step

1. Screen the record. At the Alberton consultation, the attorney checks the conviction date, offence, sentence, later convictions and any register entry.
2. Obtain the SAPS document. A local SAPS station can assist with initiating the request. The resulting document must demonstrate that the 10-year period has elapsed.
3. Complete Form J744. Part II sets out the conviction, sentence, clean-period declaration and register position. Part III contains personal and contact details.
4. Lodge the complete application. Send it to the Directorate Legal Process, Department of Justice and Constitutional Development, Private Bag X81, Pretoria, 0001. The Department’s current expungement page lists hand delivery at the Govpret/Pretmed Building, 319 Pretorius Street, Pretoria.
5. Allow the processing period. The Department states 60 working days from receipt of all required documents; the gov.za FAQ gives a practical estimate of about 75 days. Premature enquiries should be avoided.
6. Track approval through SAPS. The Department sends an expungement certificate to the head of the SAPS Criminal Record Centre within 14 working days. SAPS then has 21 working days after receipt to confirm the expungement in writing.
7. Assess any refusal. The Department provides written reasons. The papers can then be corrected and resubmitted where the problem is curable, or the applicant can be advised on another available legal route.

Children and the Child Justice Act

Section 87 of the Child Justice Act, 2008 (Act 75 of 2008) provides a separate route for childhood convictions using Form 13 (J763), not J744. A Schedule 1 conviction may generally be considered after five years and a Schedule 2 conviction after 10 years, provided no similar or more serious offence was committed during that period. Exceptional-circumstances applications may be considered earlier.

For diversion orders, section 87(6) places expungement with the Director-General: Social Development when the child turns 21, subject to statutory conditions. The five-year rule is therefore not an alternative waiting period under section 271B of the Criminal Procedure Act.

What Expungement Actually Does

Expungement directs SAPS to remove the qualifying conviction and sentence from the person’s criminal record held by the Criminal Record Centre. It is not an appeal or an order overturning the original conviction, and it does not erase the underlying court file. It also does not, by itself, dispose of related civil liability or a separate pending matter. Applicants should wait for SAPS’s written confirmation before assuming the record update is complete.

If your conviction is more than 10 years old, contact Burger Huyser Attorneys’ Alberton branch on 011 439 3990 or 061 515 4699, or visit 28 Nelson Mandela Avenue, Randhart, Alberton, 1449. Bring your South African ID and any available criminal-record details or original case number. The firm’s Criminal Law team can assess eligibility, prepare Form J744 and manage lodgement and follow-up. Burger Huyser Attorneys has a 4.8/5 average from 250+ Google reviews, verified by Trustindex.

Frequently Asked Questions

How long does criminal record expungement take in South Africa?

The Department states 60 working days from receipt of a complete application, while the gov.za FAQ estimates about 75 days. After approval, the Department sends the certificate to SAPS within 14 working days, and SAPS confirms the update within a further 21 working days after receipt. Enquiries inside the initial processing window can delay the file.

Who qualifies for expungement under section 271B(1)?

A person may qualify once 10 years have elapsed after conviction, the sentence falls within section 271B(1), and no later conviction in that period resulted in imprisonment without the option of a fine. Applicable sex-offender or child-protection register entries must first be removed.

Who does not qualify for expungement?

A person does not qualify if the 10-year period has not elapsed, the sentence falls outside the statutory list, a fine exceeded R20,000, a disqualifying later conviction occurred, or the person remains on an applicable statutory register. Direct imprisonment requires careful screening because only the specific imprisonment categories listed in section 271B can qualify.

Can I apply for expungement myself without an attorney?

Yes. Form J744 and the Department’s decision process are free, and applicants may post or hand-deliver their own papers. An attorney is optional but can identify eligibility problems, complete Parts II and III correctly, and check the SAPS document and supporting confirmations before submission.

Where is the Burger Huyser Alberton branch?

The branch is at 28 Nelson Mandela Avenue, Randhart, Alberton, 1449. Telephone 011 439 3990; mobile line 061 515 4699. The stated office hours are Monday to Friday, 7:30am to 4:30pm.

What does Burger Huyser charge for an expungement application?

The Department of Justice charges no expungement fee. Burger Huyser Attorneys quotes its professional fee per file after reviewing the number and nature of the convictions, supporting papers and any register-removal work required. The SAPS document may carry its own official fee.

What happens if my expungement application is refused?

The Department provides written reasons for refusal. Common issues include applying too early, a non-qualifying sentence, an unsuitable clearance document, an intervening conviction, missing register confirmation or an incomplete form. An attorney can determine whether the defect can be corrected in a fresh application or another route must be considered.

Can I expunge a sexual offence conviction?

Potentially, but section 271B requires proof that the applicant’s name has been removed from the National Register for Sex Offenders and, where applicable, the National Child Protection Register. Without the required removal confirmation, the person does not qualify.