Experts weigh in on criminal record expunction in Namibia

Police Inspector General Joseph Shikongo has confirmed that discussions are underway regarding the expunction of criminal records, a process that would allow certain records to be sealed or destroyed to improve employment opportunities for rehabilitated Namibians. Shikongo made the remarks during a courtesy visit from the National Assembly Standing Committee on International Relations, Defence and Security last week, but emphasised that the final decision rests with lawmakers to amend relevant legislation.Legal experts stress that any expunction framework must be legally structured and guided by clear legislation.Human rights lawyer Norman Tjombe said the debate on expungement is crucial for public protection and social justice. Tjombe stressed that the most serious offences, such as rape and murder, should never be expunged. he added that minor offences, however, could automatically lapse after a predetermined period. “For instance, shoplifting for food of an amount of N$100 should not remain on a person’s records forever and should certainly automatically lapse, say after six months,” he said. Tjombe added that different minor offences may have different lapse periods depending on their severity.For offences that are neither minor nor extremely serious, Tjombe recommends a formal application process. RehabilitationApplicants should only be eligible after a substantial waiting period, such as 10 years from conviction, to ensure the individual has demonstrated rehabilitation. His framework aims to balance the rights of individuals to reintegrate into society with the need for public safety, particularly in employment and professional careers.Namibia’s Ombudsman, Basilius Dyakugha, highlighted the human rights and career implications of maintaining permanent criminal records. “Records do affect people’s future in terms of human rights,” he said. Dyakugha explained that even if a person committed an offence as a youth, the record remains, limiting access to formal employment and professional careers. He detailed that internationally, two mechanisms exist: non-disclosure, which seals records from institutional access, and expunction, which permanently removes them. “Not all criminal records can be removed,” Dyakugha said, “but particularly minor offences committed at a young age, convictions overturned by a superior court, or pardoned offences could qualify.” He also emphasised that legislation is necessary to regulate which offences qualify, appropriate waiting periods, and disqualification for repeat offenders. Neighbouring country South Africa allow individuals to apply for expunction provided they wait a number of years from the date of conviction and meet other requirements, illustrating how structured eligibility and waiting periods can ensure rehabilitation while safeguarding public safety.Experts agree that a well-regulated expunction system would provide a pathway for young or rehabilitated offenders to reintegrate into society, balancing accountability with opportunity. Automatic lapsing for minor offences, combined with application-based removal for intermediate ones, would align Namibia with international best practices and expand access to employment and professional opportunities.

Experts weigh in on criminal record expunction in Namibia

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Namibian Sun 2026-03-26

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Experts weigh in on criminal record expunction in Namibia

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Namibian Sun 2026-03-26

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