How does the law on expungement of criminal records affect offender reintegration in South Africa?
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Date
2024
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Publisher
University of the Western Cape
Abstract
South African legislation, particularly the Child Justice Act 75 of 2008 and Criminal Procedure Act 51 of 1977 (as amended by the Criminal Procedure Amendment Act 65 of 2008), allows for the expungement of certain criminal records, to mitigate the long-term consequences of a criminal record on an ex-offender’s life. This paper examines how the law on the expungement of criminal records, obtained post-1994 impacts offender reintegration in South Africa. While expungement of criminal records offers a second chance to ex-offenders, the process is often hindered by procedural barriers and uneven application of legal provisions. This study assesses whether the expungement process supports or undermines successful offender reintegration and identifies the necessary measures to enhance its efficiency. The paper argues that a more structured and user-friendly system is crucial to achieving meaningful reintegration of ex-offenders in South Africa.
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Keywords
Offender, Criminal record, Expungement, Reintegration, Punishment