SAPS Clearance Records Lawyers in Kempton Park
A Police Clearance Certificate (PCC) in South Africa is issued by the Criminal Record and Crime Scene Management (CR & CSM) in Pretoria at a prescribed fee of R190 per application, with finalisation currently taking approximately 15 working days from receipt of all required documents at CR & CSM (excluding postal time) — CR & CSM has confirmed an active backlog that has extended the waiting period beyond the standard window. Applicants apply at their nearest police station, where fingerprints on SAPS 91(a) are taken and the file is forwarded to Pretoria. Most routine applications do not need a lawyer; legal help becomes necessary when a PCC is delayed, refused, contains a wrongful entry, or where an applicant needs to apply for expungement of a prior conviction through a separate Police Clearance Report (PCR) at R95 per report. Burger Huyser Attorneys’ Criminal Law team assists Kempton Park clients with the expungement route, record corrections, and escalation of backlogged files, with the nearest branches in Bedfordview (011 201 7190) and Midrand (010 022 4082).
When a Lawyer Is Actually Needed for SAPS Clearance Matters
A routine PCC for emigration, travel, or employment abroad can be lodged by the applicant at their nearest police station — most applicants do not need a lawyer for the basic application, which is an administrative product processed centrally by CR & CSM in Pretoria. The work a lawyer does sits around it: where the application is delayed by the CR & CSM backlog and needs formal escalation; where a PCC lists a conviction or arrest that is incorrect, has been set aside, or qualifies for expungement; where the applicant has been flagged as “Wanted” by SAPS and CR & CSM has refused to issue a PCC until the underlying matter is resolved; and where an expungement application under sections 271 to 289 of the Criminal Procedure Act 51 of 1977 is required — a separate court process with its own evidentiary record. A lawyer is also appropriate where the applicant is emigrating and a prior foreign conviction may interact with the SA record. For Kempton Park applicants, this work routes through the nearest Burger Huyser branches (the firm does not maintain a Kempton Park office), with the initial triage booked at Bedfordview or Midrand.
What the Service Covers (Scope of Engagement)
| Service | What is involved |
|---|---|
| Application triage | Confirming whether the matter needs a routine PCC, a PCR for expungement, or a record-correction route, and advising on whether a lawyer is needed at all. |
| Expungement applications | Drafting and filing the application under the Criminal Procedure Act 51 of 1977, including the founding affidavit, the PCR, and the certified documents required by the magistrate’s court in the district where the conviction was recorded. |
| Record corrections | Where a PCC contains a wrongful entry, contacting the relevant police station and CR & CSM to investigate and correct the entry, escalating to court where the station declines to act. |
| Backlog escalation | Formal correspondence and follow-up with CR & CSM when a PCC application has exceeded the standard 15-working-day window, including the formal enquiry route via the CRC Client Service Centre ([email protected] / 012 393 3928). |
| Pre-application review | Advising clients with prior convictions or pending matters on whether to apply at all, or whether to wait until a related criminal matter is finalised. |
The SAPS Process: How a PCC Application Actually Works
- Attend the nearest police station. In Kempton Park, the SAPS station fingerprints and submits the application on the applicant’s behalf at no additional cost — there is no need to travel to the CR & CSM office in Pretoria for the basic application.
- Have fingerprints taken on SAPS 91(a). The police station takes the prints; copies or scanned fingerprints are explicitly not processed by CR & CSM.
- Complete the application form and attach a certified copy of the SA ID or passport. Where the applicant has used a maiden name or other surnames, supporting documentation (e.g. a certified marriage certificate) must be included.
- Pay the R190 prescribed fee in cash at the police station, or electronically into the SAPS ABSA cheque account 4054522787 (branch code 632005, Swift ABSAZAJJXXX), with the reference “PCC” followed by the applicant’s initials and surname. This fee is non-refundable.
- The police station forwards the file to CR & CSM at Bothongo Plaza West, CRC Client Service Centre, 1st Floor, Room 14, 271 Francis Baard Street, Pretoria (postal address Private Bag X308, Pretoria 0001). Processing takes approximately 15 working days from receipt of all required documents, excluding postal time.
- Monitor progress. SAPS provides an online enquiry function and an SMS acknowledgement with reference number if a local cell number is provided on the application.
- Collect the completed certificate in person at the police station, through a nominated person, or by prepaid courier as indicated on the application. Certificates not collected within three months of finalisation are destroyed.
- Where the applicant is flagged as “Wanted” by SAPS, CR & CSM will hold the application and not issue a PCC until the underlying matter is resolved.
The Expungement Route: When the Underlying Conviction Needs to Come Off
Section 271 of the Criminal Procedure Act 51 of 1977 sets out the right to apply for expungement of certain older convictions once a prescribed period has elapsed since the sentence was completed. The evidentiary prerequisite is a Police Clearance Report (PCR) at R95 per report, obtained from any Local Criminal Record Centre (LCRC) on presentation of ID — the PCR is collected in person and shows the full SAPS-recorded history. Eligibility depends on the conviction type (sentences listed in the Act), the time elapsed since the sentence was completed, and whether the applicant has reoffended in the intervening period. The application is filed in the magistrate’s court in the district where the original conviction was recorded, supported by a founding affidavit, the PCR, and a certified copy of the SAPS record. On a granted order, SAPS is required to destroy the criminal record — the entry no longer appears on any future PCC. This is a separate court process from a routine PCC application, typically three to six months from filing to order.
What to Look for When Choosing a SAPS Clearance Records Lawyer
- Active criminal-law practice. Expungement is magistrate’s-court motion work; the attorney should have a running criminal practice, not a one-off dabbler.
- Familiarity with CR & CSM escalation channels. Knowing the formal enquiry route ([email protected] / 012 393 3928) and how to push a backlogged file forward saves months of waiting.
- Honest scope conversation. Most routine PCC applications do not justify legal fees; a credible lawyer will tell you up front when you do not actually need one.
- Transparent cost conversation. Fees should be quoted after a brief eligibility review, not estimated loosely before engagement; the scope (one-off triage versus full expungement) drives the fee.
Burger Huyser Attorneys’ Criminal Law team — supported by admitted attorneys handling criminal matters across the Gauteng branches and a specialist consultant (Clinton Shaw) — takes instructions from Kempton Park and broader Ekurhuleni clients at the Bedfordview or Midrand branch, and is set up to give the up-front scope and cost conversation the criteria above call for.
Practical Considerations: Cost, Timeline, What to Bring
| Item | Detail |
|---|---|
| SAPS fee (PCC) | R190 per application, paid to SAPS (cash at the police station or electronic to ABSA account 4054522787, branch code 632005, reference “PCC” + initials and surname). Non-refundable. |
| SAPS fee (PCR for expungement) | R95 per report, collected in person from any Local Criminal Record Centre on presentation of ID. |
| Lawyer fees | Quoted on a per-file basis after triage at the Bedfordview or Midrand branch. A one-off consultation for a backlogged PCC is cheaper than a full expungement application through the magistrate’s court. |
| PCC timeline | Approximately 15 working days at CR & CSM from receipt of complete documents; currently extended by the confirmed backlog. |
| Expungement timeline | Typically three to six months from filing to magistrate’s court order, depending on the court’s roll and any opposition. |
| What to bring | ID, the original PCC or PCR showing the issue (if obtained), prior case numbers and dates, the magistrate’s court where the conviction was recorded, and any prior correspondence with the police station or CR & CSM. |
Comparison: Routine PCC vs Expungement vs Record Correction
| Route | Trigger | Key document | Where filed | Typical timeline |
|---|---|---|---|---|
| Routine PCC | Emigration, travel, or employment abroad | SAPS 91(a) fingerprints, R190 fee, certified ID | Police station forwards to CR & CSM, Pretoria | ~15 working days at CR & CSM (currently extended by backlog) |
| Expungement | Older conviction that qualifies under s 271–289 of the Criminal Procedure Act | PCR at R95 from an LCRC, supporting affidavit | Magistrate’s court in the district of the original conviction | 3–6 months from filing to order |
| Record correction | Wrongful entry on a PCC (e.g. mistaken identity, set-aside conviction) | ID, certified court orders showing the correction basis | Police station and CR & CSM, escalating to court if refused | Varies; weeks to several months |
Kempton Park Local Filing: Lodged Locally, Finalised in Pretoria
The substantive PCC process runs nationally through SAPS — applicants lodge at their nearest police station and the file is forwarded to CR & CSM at Bothongo Plaza West, 271 Francis Baard Street, Pretoria (some older references use 271 Schoeman Street, the same building under its previous name). For a Kempton Park applicant the practical first point of contact is the local SAPS station, where fingerprints are taken on SAPS 91(a) and the application is reviewed before forwarding. The local station handles fingerprinting and submission at no additional cost, and the completed certificate returns to the same station for collection. Copies or scanned fingerprints are explicitly not processed by CR & CSM — the original SAPS 91(a) form is required.
Burger Huyser Attorneys does not maintain a Kempton Park branch. The nearest offices are Bedfordview at 45A Florence Avenue (011 201 7190, after-hours 061 536 3223) and Midrand at Waterfall Office Park, Bekker Road, Vorna Valley (010 022 4082, after-hours 064 555 3358 or 077 274 1932), both reachable along the R21 / N1 corridor that links Kempton Park to the wider Gauteng network. The firm’s Criminal Law team takes instructions from Kempton Park and broader Ekurhuleni clients for matters where legal help is genuinely required, with the initial triage booked through the nearest branch. saps.gov.za and gov.za remain the authoritative sources for current fees, the official application form, and processing times.
Frequently Asked Questions
How much does a SAPS Police Clearance Certificate cost?
The SAPS prescribed fee is R190 per application, payable in cash at the police station or electronically into the SAPS ABSA cheque account 4054522787 (branch code 632005), reference “PCC” followed by the applicant’s initials and surname. This SAPS fee applies whether or not a lawyer is involved. A separate Police Clearance Report (PCR) used for expungement applications is R95 per report, collected in person from any Local Criminal Record Centre. Lawyer fees are quoted separately on a per-file basis after triage at the Bedfordview or Midrand branch.
How long does it take to get a Police Clearance Certificate?
The standard processing time at CR & CSM in Pretoria is approximately 15 working days from receipt of all required documents, excluding postal time. CR & CSM has confirmed an active backlog extending the waiting period beyond this standard window, so plan for several additional weeks. Formal follow-up by a lawyer via the CRC Client Service Centre ([email protected] / 012 393 3928) is the appropriate escalation route where the application has stalled.
Can I apply for a Police Clearance Certificate without a lawyer?
Yes — a routine PCC is a self-service application made at your nearest police station, where fingerprints are taken on SAPS 91(a), and the application, certified ID copy, and R190 proof of payment are submitted before the file is forwarded to CR & CSM in Pretoria. A lawyer is generally needed where the application is delayed, refused, contains a wrongful entry, or where expungement of an underlying conviction is being pursued under sections 271 to 289 of the Criminal Procedure Act 51 of 1977.
What happens if a prior conviction appears on my Police Clearance Certificate?
If the conviction is correctly recorded but old enough to qualify, an expungement application under sections 271 to 289 of the Criminal Procedure Act 51 of 1977 can remove the entry permanently; the prerequisite is a PCR from an LCRC and a magistrate’s court application in the district where the conviction was recorded. If the entry is wrong (mistaken identity, a conviction set aside on appeal, or an entry that should already have been removed after a previous expungement), the matter is handled as a record correction through the police station and CR & CSM, escalating to court if the station declines to act.
Does Burger Huyser have a branch in Kempton Park?
No — Burger Huyser does not have a Kempton Park office. The nearest branches are Bedfordview at 45A Florence Avenue (011 201 7190, after-hours 061 536 3223) and Midrand at Waterfall Office Park, Bekker Road, Vorna Valley (010 022 4082, after-hours 064 555 3358 or 077 274 1932). The firm’s Criminal Law team takes instructions from Kempton Park and broader Ekurhuleni clients across the Gauteng branches, with the initial triage booked through the nearest branch.
Can a Police Clearance Certificate be issued to someone flagged as “Wanted”?
No — CR & CSM will not issue a PCC if the applicant is identified as “Wanted” by SAPS. Any underlying criminal matter must be resolved first. A lawyer can advise on the fastest route to clearing the “Wanted” status and coordinate the PCC application once the matter is finalised.
If you need a lawyer for a SAPS clearance record matter — expungement, record correction, or formal escalation of a delayed application — Burger Huyser Attorneys’ Criminal Law team takes instructions from Kempton Park and the broader Ekurhuleni area through its nearest branches in Bedfordview (011 201 7190, after-hours 061 536 3223, 45A Florence Avenue) and Midrand (010 022 4082, after-hours 064 555 3358 or 077 274 1932, Waterfall Office Park, Bekker Road, Vorna Valley). Bring your ID, the original PCC or PCR showing the issue, and any prior case numbers, magistrate’s court references, or correspondence with the police station or CR & CSM to the first consultation. The firm will give an honest cost conversation up front — and will tell you when you do not actually need a lawyer. Burger Huyser carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”) and fields this work across its Gauteng branches.
General Information Disclaimer: This article describes Burger Huyser Attorneys’ Criminal Law service offering for SAPS clearance record matters and the general procedural context for Police Clearance Certificates in South Africa. It is general information, not legal advice for a specific application. Current requirements, fees, and processing times should be confirmed directly with the South African Police Service (saps.gov.za) before applying, and a qualified attorney should be consulted about any specific expungement, correction, or refusal matter.
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As this is such an important issue, you will need a lawyer to assist in obtaining this certificate. Burger Huyser SAPS Clearance Records Lawyers in Kempton Park has vast experience in obtaining of the South African Police Service Clearance Records and will be able to assist you in obtaining this certificate. Contact our defence attorneys today and let us make this an easy process for you as we have had years of excellent experience in avoiding any pitfalls or difficulties.
For your convenience, our service offering also includes SAPS Clearance Records Lawyers In Randburg, SAPS Clearance Records Lawyers In Sandton, SAPS Clearance Records Lawyers In Roodepoort, SAPS Clearance Records Lawyers In Bedfordview, SAPS Clearance Records Lawyers In Centurion & SAPS Clearance Records Lawyers In Lynnwood Pretoria.
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