Expungement is essentially having a conviction removed from one’s criminal/police record after a specific period of time has elapsed and after certain requirements have been met.The statute authorizing the expungement is the Criminal Records (Rehabilitation of Offenders) Act, 1988 (Act 18 of 1988).

Who qualifies for expungement?

In order to qualify, two essential conditions must be satisfied by an individual:

1. The offence in question must be one which attracts a non-custodial sentence or sentence of imprisonment not exceeding three (3) years

2. The person in question must not have any other conviction(s) during a specified period of time referred to as the “Rehabilitation Period�

What is the Rehabilitation Period?

The rehabilitation period is simply the waiting period that a person must wait before an application can be made for the expungement of a conviction. This period varies according to the sentence impose, and ranges from a minimum of six years for non-custodial sentences to a maximum of 20 years for custodial sentences. The Rehabilitation period is calculated from the date of the expiration of the term of imprisonment in the case of custodial sentences, and in other cases, upon the satisfaction of the court’s sentence.

How is expungement obtained?

The process for non-disclosure of the Criminal Record operates in two phases.

Phase 1

In the first phase the conviction is referred to as “Spent�, after the lapse of the first half of the Rehabilitation period.

Phase 2

In the second phase, the conviction is expunged or removed from the record, after the lapse of a further Rehabilitation period of equal duration to the first Rehabilitation period and the satisfaction of the essential conditions.

Is the process automatic after the lapse of the Rehabilitation Period?

No, persons must submit an Application to the Criminal Records (Rehabilitation of Offenders) Board, to have the conviction removed.

How long does the process take?

Presently, the process takes approximately six months.

What happens after the approval of the expungement?

Once an application has been approved, a written notification is sent to the applicant and the relevant police authority is notified to seal the record of the arrest and/or conviction, in the expunge case and remove it from public access. Then in the eyes of the law, that arrest or conviction did not occur and therefore does not exist.