EXPUNGEMENT OF RECORDS OF CONVICTION AND SENTENCE IN TERMS OF THE CHILD JUSTICE ACT, 2008 1.
the period of 10 years, referred to in subsection (1) (a) (ii), has not yet elapsed, if the Cabinet member responsible for the administration of justice is satisfied that the child otherwise complies with the criteria set out in subsection (1).
(a) The head of the Criminal Record Centre of the South African Police Service or a senior person or persons at the rank of Director or above, employed at the Centre, who has or have been authorised, in writing, by the head of the Centre to do so, must expunge the criminal record of a child if he or she is furnished by the applicant with a certificate of expungement as provided for in subsection (2) or (3).
intentionally or in a grossly negligent manner, expunges the criminal record of any child, is guilty of an offence and is, if convicted, liable to a fine or to a sentence of imprisonment for a period not exceeding 10 years or to both a fine and the imprisonment.
Section 87 of the Act must be read with Schedules 1, 2 and 3 of the Act.
1 Theft, whether under the common law or a statutory provision, receiving stolen property knowing it to have been stolen or theft by false pretences, where the amount involved does not exceed R2 500.
9 Crimen iniuria.
11 Crimen expositionis infantis.
the use of a child for purposes of child pornography or in order to benefit in any manner from child pornography, as provided for in section 20 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
11 Compelling or causing children to witness sexual offences, sexual acts or self-masturbation referred to in section 21 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
13 Trafficking in persons for sexual purposes referred to in section 71 (1) and involvement in trafficking in persons for sexual purposes referred to in section 71 (2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
the proceeds of unlawful activities referred to in Chapter 3, of the Prevention of Organised Crime Act, 1998 (Act 121 of 1998).
19 Any offence of a serious nature if it is alleged that the offence was committed by a person, group of persons, syndicate or any enterprise, acting in the execution or furtherance of a common purpose or conspiracy.
The Regulations, made under the Act, further regulate the expungement procedure.
section 87(3) of the Act to the Cabinet member responsible for the administration of justice, for the expungement of a conviction and sentence must correspond substantially with Form 13 of the Annexure.
(a) Form 13 must be available at every magistrate's office and on the website of the Department of Justice and Constitutional Development.
Copies of section 87 and Schedules 1, 2 and 3 of the Act must be made available to every applicant who requests an application form.
by handing it in at the National Office of the Department of Justice and Constitutional Development.
The Cabinet member responsible for the administration of justice must express his or her opinion in terms of section 87(1)(b) of the Act in writing and record his or her reasons for the opinion.
the requirements which have not been met and why not, and specify a date on or before which the applicant may respond to the Director-General on the information submitted.
The Director-General must, after expiry of the date specified in the notice, consider the response by the applicant, if any, and make a decision regarding the application for expungement.
of the remedies available to the applicant in terms of the Promotion of Administrative Justice Act, 2000 (Act 3 of 2000).
the requirements which have not been met and why not, and specify a date on or before which the applicant may respond to the Cabinet member on the information submitted.
The Cabinet member responsible for the administration of justice must, if he or she is satisfied that the child complies with the criteria set out in section 87(1) and (3) of the Act, issue a certificate of expungement which corresponds substantially with Form 15 of the Annexure.
The regulations prescribe a form, Form 13 (J763), to be used when applying for expungement.
Note: The Department of Social Development is responsible for the expungement of diversion orders, for further details on this, please contact them directly on 012 312 7653 or go to www.dsd.gov.za.