Definition and Purpose of the Criminal Record
Ein Criminal Record is an official register maintained by authorities, in which legally binding criminal convictions and certain other criminal law decisions are recorded. The main purpose of the register is to store, manage, and provide information on relevant criminal findings about a person. The objective is to promote public security, ensure rehabilitation and the protection of the general public, and to guarantee that certain positions, professions, or tasks are not exercised by persons with prior convictions, where provided by law.
Legal Basis of the Criminal Record
National Criminal Record
In Germany, the Federal Central Register (BZR), in accordance with the Federal Central Register Act (BZRG), serves as the nationwide central criminal record. It is maintained at the Federal Office of Justice . In Austria, the Criminal Records Act (StRegG)applies, and in Switzerland the Criminal Records Act (SRG) as well as the Central Criminal Register at the Federal Office of Justice.
International Agreements and Cooperation
In addition to national regulations, international agreements such as the European Criminal Records Information System (ECRIS) govern the cross-border exchange of register data within the European Union to strengthen cooperation between law enforcement agencies and prevent repeat offenses.
Content and Entries in the Criminal Record
Types of Entries
The following data, in particular, are recorded in the criminal record:
- Legally binding criminal convictions: Judgments, criminal orders, and court decisions for criminal offenses.
- Measures of Rehabilitation and Security: For example, orders for placement in psychiatric hospitals or rehabilitation facilities.
- Notes on Suspended Sentences (Probation): Information on probation granted or revoked.
- Decisions under Juvenile Criminal Law: Juvenile sentences are also recorded under certain conditions.
Not all court decisions necessarily lead to an entry. For example, certain minor offenses, fines up to a certain amount, or dismissals subject to conditions are often not recorded.
Deletion Periods and Expungement
Depending on the severity of the offense and the type of sanction imposed, different deletion or expungement periods apply. The typical periods under the BZRG range from three to thirty years. After the expiration of the expungement period, the data are removed from the criminal record and are no longer accessible.
The expungement regulations serve both to protect the offender (personal rights, rehabilitation) and to serve the public interest (law enforcement, prevention).
Special Provisions for Juveniles
For convictions under juvenile criminal law, special rules apply: expungement periods are generally shorter, and for less serious offenses, entry may be omitted altogether.
Disclosures from the Criminal Record
Distinction: Federal Central Register, Certificate of Good Conduct, and Extended Certificate of Good Conduct
Disclosures from the criminal record are strictly regulated and require legitimate interest. A distinction is made between:
- Extract from the Federal Central Register: Detailed extract for authorities, courts, and certain official medical officers or notaries.
- Certificate of Good Conduct: Document for private individuals and employers, in which certain entries, particularly those with short expungement periods, do not appear.
- Extended Certificate of Good Conduct: Required for activities involving contact with children and young people (e.g., education, care).
Authorized Recipients
Full disclosures are generally only available to judicial authorities, police, certain state institutions, and some groups or authorities named in law. Private individuals receive only their own certificate of good conduct or may request a self-disclosure.
Rights of Registered Persons
Affected persons have the right to inspect their records and may, under certain circumstances, request correction, deletion, or blocking of their data, for example if entries are incorrect or unlawful.
Significance and Function of the Criminal Record in Legal Practice
Protection of the Public and Prevention
The criminal record makes a significant contribution to protecting society from repeat offenders. Government institutions, authorities, and employers can—when justified—use the certificate of good conduct to determine whether a person has previous convictions. This is particularly important in sensitive fields such as education, security, or healthcare.
Rehabilitation and Data Protection
The interest in protecting the public is balanced by the principle of rehabilitation. An entry in the criminal record is not to have an indefinite effect. Therefore, statutory expungement periods and strict access regulations to the data aim to balance security and the restoration of social participation.
Criminal Record Entry and Impact on Professional Life
Entries in the criminal record may have various professional consequences. Depending on the field of work, existing prior convictions can lead to refusal of certain licenses, permits, or employment. For many regulated professions, prior convictions are a ground for exclusion.
Difference from Other Registers
The criminal record is distinct from other official registers such as the Trade Central Register, Driver Suitability Register (formerly Traffic Central Register), or population registers. It comprises only criminal-law relevant data and as such serves special purposes of law enforcement and prevention.
Data Protection and Control
The processing of personal data in the criminal record is subject to strict data protection regulations. Entries are not published; access is only possible for authorized bodies within the framework laid down by law. Affected persons may lodge an appeal in cases of unlawful entries or misuse of data.
Literature and References
- Federal Central Register Act (BZRG)
- Certificate of Good Conduct Guidelines
- Criminal Record Laws of Other Countries (e.g., Austria, Switzerland)
- General Data Protection Regulation (GDPR), as far as relevant for criminal records
- European Criminal Records Information System (ECRIS)
Note: The design and scope of a criminal record may vary from state to state. This article primarily refers to the legal situation in Germany, but also points out international aspects. For legally binding information, the current legislation is always decisive.
Frequently Asked Questions
Who is authorized to access the criminal record?
Access to the criminal record in Germany is strictly regulated. Generally, only certain bodies and persons who can demonstrate a legitimate interest are permitted access. These include, in particular, courts, public prosecutors, certain authorities such as the police or youth welfare offices, as well as the person concerned (§ 41 BZRG). In special cases, employers may also be allowed access, but only if a so-called certificate of good conduct is presented, which contains only those entries that are relevant for the specific purpose. Other private individuals, such as landlords or neighbors, generally have no access without explicit consent. The transmission of data is also subject to strict data protection law, so unauthorized access is not permitted and may even be punishable.
How long are entries retained in the criminal record?
The retention periods for entries in the criminal record depend on the type and severity of the offense as well as the sanctions imposed (§§ 45 ff. BZRG). As a rule, the retention period for convictions is ten years, but it may be extended to 15 or even 20 years for more serious offenses. Minor offenses, fines under 90 daily rates, and first-time juvenile sentences are deleted after 3 to 5 years. After these periods expire, the data are automatically removed, unless a new conviction requiring storage has occurred in the meantime. However, exceptions apply—in particular for sexual offenses and offenses of particular importance to the public interest, which may be retained for longer.
Are discontinued proceedings also recorded in the criminal register?
Discontinued proceedings, for example due to minor significance under § 153 StPO or subject to conditions and instructions under § 153a StPO, are generally not entered in the criminal record. The criminal record only contains legally binding criminal court decisions. However, such discontinuances may, under certain circumstances, be recorded as so-called ‘investigation procedures’ in police databases or information systems (e.g., INPOL), but they are not part of the official Federal Central Register. For future charges, this may have some significance, for example when considering sentencing or a repeat offense.
What role does the criminal record play in hiring employees?
Employers may not request access to an applicant’s criminal record without due cause. They may only require presentation of a certificate of good conduct, which shows the relevant entries. This certificate is issued upon application by the competent authority. Employers cannot view the Federal Central Register themselves. For certain professions—in particular in the public sector, for security-relevant activities, for work involving children and young people, and in the healthcare sector—the submission of an extended certificate of good conduct is legally required to protect especially vulnerable groups (§ 30a BZRG).
Can entries in the criminal record be deleted or corrected?
Entries in the criminal record are automatically deleted after the periods specified in the Federal Central Register Act (BZRG). An early deletion is fundamentally not possible. However, incorrect or mistaken entries may be corrected or deleted at any time if an appropriate request is made and the error is demonstrated (§ 42 BZRG). Affected persons have the right to correction, for instance, if they are acquitted by a subsequent judgment or the conviction is overturned.
Which sanctions are not recorded in the criminal register?
Not all criminal sanctions automatically result in an entry in the criminal record. For example, warnings with reservation of penalty, discontinuations under § 153 or 153a StPO, and administrative offenses are generally not recorded. In certain conditions, juvenile sentences are not recorded either, such as when they result only in disciplinary measures (Juvenile Court Act). Fines of less than 90 daily rates and prison sentences of less than three months without probation may also, under certain circumstances, not appear in the simple certificate of good conduct, but can be included in the extended extract from the Federal Central Register.
How does an entry in the criminal record affect subsequent proceedings?
An entry in the criminal record can have a significant impact on sentencing in new criminal proceedings. In particular, previous convictions stored in the record are taken into account when determining the amount and type of penalty (§ 46 StGB). In the event of repetition, certain legal consequences, such as revocation of probation or harsher punishment, may also result. Whether a sentence can be suspended on probation often depends on whether there are relevant prior convictions. After the retention periods expire and the entries are deleted, these records may generally no longer be used to the detriment of the affected person.
