ClearMe 
Advocacy
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Advocacy Campaign
Advocacy is needed to make the process of clearing criminal records fair and efficient.
A criminal record is not supposed to last forever for every offence. Difficulty in discovering and clearing criminal records has a negative impact on family, work and social life. It causes stigma and shame.
Some people are unable to find a job or study, to emigrate or travel because they have records for minor offences committed decades ago. Others lose opportunities because of cases that have not been closed.
ClearMe aims to ensure people who are eligible for expungement can clear their records and exercise their rights to equality and dignity, to work and travel.
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ClearMe Objectives
To ensure that the law on clearing records is implemented in line with the Constitution.
To prevent unfair discrimination against people as a result of failures of the police and criminal justice system and exploitation by private service providers.
To sensitise the public, the police and criminal justice officials, and the private sector about expungement.
Advocacy agenda
These are some of the changes that are needed
Streamlining the process
The process can be difficult, time consuming and costly. Simple changes can improve it. For example:
- making sure all police stations use the same procedure
- training police and criminal justice officials in how the system should work
- automating some parts of the process.
Immediate expungement of offences that are no longer crimes
Some people have records for offences that are not crimes in a democracy. Changes are needed to clear their names, such as immediately expunging records of:
- offences that only existed under apartheid
- offences that have been decriminalised
Automatic expungement
Many people don’t find out they have a record until it prevents them from doing something. The police records show whether and when someone is eligible to apply to have their record cleared. We are recommending that the police:
- Notify eligible people when their records are due for expungement
- Process expungements automatically
Restrictions on use of criminal records
Many employers demand criminal record check on all potential employees and may deny or withdraw job offers based on offences committed many years ago that have no bearing on the job. We recommend restrictions on how records can be used.
Review of duration of criminal record
A criminal record for a minor offence by an adult lasts 10 years. There is no evidence this is linked to the risk of reoffending.
Review of eligibility
Children (under 18) are eligible for expungement depending on the type of offence they committed and the value of any goods or property involved. Adults are eligible depending on the sentence they received. Eligibility criteria need to be reviewed regularly to ensure they are consistent and fair
Regulations on private service providers
Private companies make money out of providing services that should be free. They make promises they can’t keep – like saying they will fast-track applications for an extra fee. We recommend they should have to at least:
- alert potential clients that the government process is free, apart from the forms
- inform them how the government process works.
Learn more
To ensure that the law on clearing records is implemented in line with the Constitution.
