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Apartheid and minor criminal convictions expunged
by LawDotNews
Published 2009/07/02 12:00:00 AM (Viewed 661 times)

New legislation provides for the expungement of criminal records for two types of conviction
 

1. Convictions under “apartheid” legislation (such as the Group Areas Act, Prohibition of Mixed Marriages Act, Internal Security Act, any offence based on race, etc etc – wide definitions apply), and


2. “Minor” (determined by type of sentence) offences, but only after 10 years from date of conviction.  Excluded are –


a. Certain sexual and other offences involving children and mentally disabled people, and


b. Offenders who have subsequently committed an offence and been sentenced to imprisonment (or in some cases, an offence for which a sentence of imprisonment exceeding 6 months could have been imposed).


Certain records are supposed to be automatically expunged (but check that this has in fact happened!), whilst others require formal application.




 
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