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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2612
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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Can i have a chance before 10 years

Customer Question

can i have a chance for expungement before 10 years
Submitted: 2 years ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 2 years ago.
Hi there

Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

I am afraid that I do not have good news for you.

The requirement for expungement according to expunge-criminal-record website is as follows:

1) Ten years have lapsed after the date of the conviction of your offence.

2) You didn’t receive a direct prison sentence for your conviction except a sentence of periodical imprisonment or correctional supervision.

3) You have not been convicted and imprisoned for any other offence during those 10 years, without the option of a fine.

4) You were sentenced to the following sentences:

4.1) Conviction of lesser serious crimes (for example minor charges of theft, assault, fraud etc.)

4.2) Politically motivated crimes. For most crimes where a direct sentence was not laid upon except politically motivated crimes and crimes in respect of which the punishment is now unconstitutional under our new legislation.

5) You’re convicted of an offence based on race.

6) You were convicted of an offence which would not be regarded as an offence in an open and democratic society based on human dignity, equality and freedom under the democratic constitutional dispensation.

You cannot apply before 10 years have expired.

I hope this answered your question.

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