| (1) |
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 person if— |
| (i) |
he or she is furnished with a certificate of expungement by the Director-General: Justice and Constitutional Development as provided for in section 271B(2) or section 271C(3) or by the Minister as provided for in section 271C(5); or |
| (ii) |
that person qualifies for the automatic expungement of his or her criminal record as provided for in section 271C(1). |
| (2) |
The head of the Criminal Record Centre of the South African Police Service must, on the written request of a person who— |
| (a) |
has applied to have his or her criminal record expunged in terms of section 271B or section 271C(2); or |
| (b) |
qualifies to have his or her criminal record expunged automatically in terms of section 271C(1), in writing, confirm that the criminal record in question has been expunged. |
| (a) |
without the authority of a certificate of expungement as provided for in section 271B, 271C or this section; and |
| (b) |
intentionally or in a grossly negligent manner, |
expunges the criminal record of any person or confirms that a criminal record has been expunged as provided for in subsection (2), is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding 10 years or to both a fine and that imprisonment.
[Section 271D inserted by section 3 of Act No. 65 of 2008]
Statistics Act, 1999
