What are the criteria for a person's criminal record to be rendered spent?
Under the Registration of Criminals Act, conviction records of minor crimes become spent once the person has satisfied a crime-free period of not less than 5 consecutive years from:
(i) the date the sentence was passed, after the sentence is no longer subject to appeal, in the case of a fine; or
(ii) the date of release from legal custody, in the case of incarceration.
During these 5 years, the person must not have been:
a. Convicted of a crime;
b. Unlawfully at large in relation to any crime;
c. Detained or subject to police supervision under section 30 of the Criminal Law (Temporary Provisions) Act;
and
d. Subject to a supervision order or admitted to a DRC under the Misuse of Drugs Act or under the Intoxicating Substances Act.
In order to ensure that only an ex-offender of a minor crime can have his record become spent, there are several conditions in place.
This information is sourced from SPF-STAGING