Criminal Record Expungement
Criminal Record Expungement assisted by a Private Investigator / Agency
In South Africa, a private investigator cannot expunge your criminal record directly, as this is a legal process handled by the Department of Justice and Constitutional Development. However, private investigation firms can assist with the application process by providing supportive services. This is a lawful and practical option for individuals who need help navigating the administrative procedures.
How a private investigation firm can assist
How can a Private Investigator / Agency assist with your Criminal Record Expungement?
• Case assessment and eligibility consultation: A firm can review your criminal record to determine if you meet the eligibility criteria for expungement under the Criminal Procedure Act.
• Police Clearance Certificate (PCC): They can help you apply for the PCC from the South African Police Service (SAPS) to confirm the convictions and the time that has lapsed.
• Application preparation: These firms can guide you through the process of completing the required application form (Form J744) and gathering all the necessary supporting documents.
• Submission and follow-up: The firm can manage the submission of your application to the Director-General of Justice and Constitutional Development. They can also follow up on its status, though the Department of Justice advises against inquiries before the official processing time has elapsed.
Standard requirements for expungement in South Africa
Please keep in mind: Should you be charged for a crime there will then be an Entry which will also have to be removed.
To qualify for expungement, you must meet certain conditions as per the Criminal Procedure Act, 1977. You can apply if:
• A period of 10 years has passed since the date of the conviction.
• You were not sentenced to direct imprisonment for the offense.
• You have not been convicted of and imprisoned for any other offense during that 10-year period.
Why use a firm instead of doing it yourself?
The official expungement process is available to the public free of charge. However, some people choose to use a private firm for the following reasons:
• Guidance: Legal and private investigation professionals can provide expertise and ensure the application is completed correctly, reducing the risk of errors or rejection.
• Convenience: For a fee, a private firm handles the administrative burden of the application process on your behalf.
• Discretion: Some people prefer to use a private company to maintain a degree of privacy throughout the process.
