Definition of the term “criminal record annotation”
Ein Criminal Record Annotation is a legal note or entry made in official documents or databases that indicates a criminal sanction or violation. Criminal record annotations are used in various contexts, particularly in connection with administrative acts, certificates of conduct, and official registers such as the Driving Suitability Register (FAER), the Federal Central Register, or the Central Trade Register. They serve as proof and documentation of committed criminal offenses and their sanctions. Their legal design, scope, and significance vary depending on the area of application.
Legal basis and statutory provisions
Criminal record annotation in the context of the Federal Central Register
Das Federal Central Register (§§ 4 ff. BZRG) is the central register in which final criminal court decisions and certain criminal measures are recorded. A criminal record annotation occurs here when a penalty has been imposed on a person by a German court. The entry includes information about the person, act, file number, judgment, and imposed penalty or measure. The obligation to enter data is governed by §§ 4 to 13 BZRG. Exceptions and deletion deadlines are regulated in §§ 34 ff. BZRG.
Criminal record annotation in the certificate of conduct
Im Certificate of Conduct (§ 30 BZRG) records entries from the Federal Central Register, provided that these must be listed according to statutory requirements. In the certificate of conduct, criminal record annotations may appear that can have legal consequences for the individual with regard to professional activity, employment, or the revocation of a permit. Certain entries are subject to a deletion obligation and will no longer appear after the expiration of specified periods.
Criminal record annotations in administrative law
Especially in road traffic law and in connection with traffic law suitability criminal record annotations become relevant. In the Driving Suitability Register (FAER), violations and sanctions, such as fines and driving bans, are documented (§ 28 StVG). Here, a criminal record annotation can be the basis for administrative measures such as driving bans or the revocation of a driver’s license.
Other areas of application
Criminal record annotations are also used in the Central Trade Register (§ 149 GewO) to provide the necessary reliability proofs, for example in the context of a business application. Similarly, in disciplinary law for public sector employees, disciplinary measures with criminal relevance are also recorded as criminal record annotations in the personnel file.
Legal consequences and significance of criminal record annotations
Effects on personal rights
Criminal record annotations can impact the rights of the affected person, for example in gaining access to certain professions, loss of a business license, or in the entry requirements of other countries. The obligation to report to certain authorities or organizations is precisely regulated.
Deletion and removal of criminal record annotations
Legally, a distinction is made between different periods and types of deletion. Entries in the Federal Central Register and related criminal record annotations are deleted in accordance with the provisions of the BZRG. The deletion periods depend on the severity of the penalty imposed, the type of proceedings, and other circumstances regulated by law.
Examples of deletion periods (excerpt):
- Fines and prison sentences of up to three months: 3 years (§ 46 (1) BZRG)
- Prison sentences between three months and one year (suspended on probation): 5 years (§ 46 (1) No. 2 BZRG)
- More severe penalties: 10 years and more (§ 46 ff. BZRG)
Exceptions apply for particularly serious criminal offenses, and early deletion is excluded.
Access and information rights
Affected persons have the right, according to the BZRG, to obtain information about criminal record annotations stored about themselves (§ 42 BZRG). In certain cases, authorities, courts, and other authorized bodies also have rights to information. The disclosure of information to third parties is legally restricted and subject to special protection of personal data.
Data protection aspects
The processing, storage, and transmission of criminal record annotations are subject to strict legal and data protection requirements. Entry, disclosure, and deletion are subject in particular to the provisions of the BZRG, the General Data Protection Regulation (GDPR), and the Federal Data Protection Act (BDSG). Unauthorized access, transmission, or use of criminal record annotations is not permitted and may be unlawful.
Documentation and evidentiary function
A criminal record annotation serves as reliable documentation of a criminal measure and enables authorities, courts, and in certain cases also private bodies, to provide proof of an offense. Its evidentiary function is of significant importance for ensuring public safety and order.
Distinction: Criminal record annotation and note without criminal relevance
Not every official note has criminal relevance. Simple administrative notes or internal administrative memos, which are unrelated to criminally relevant acts and sanctions, must be distinguished. A criminal record annotation exists only where there is a link to a criminal offense and/or its sanction.
Summary
The criminal record annotation is a legal term that ensures the documentation and evidentiary recording of criminal sanctions in official registers and documents. Its legal foundations are based, among others, on the Federal Central Register Act, the administrative provisions of the Road Traffic Act, and other relevant statutory regulations in commercial and disciplinary law. Criminal record annotations can have significant implications for individuals, for example, in professional practice or the granting of permits, and are stored and processed in compliance with strict data protection requirements. Deletion periods and deadlines ensure that the principle of proportionality is maintained and allow for the possibility of rehabilitation. A criminal record annotation fundamentally differs from simple administrative notes and is applicable only in cases of a criminal measure.
Frequently Asked Questions
Must a criminal record annotation remain in place throughout the entire court proceedings regarding the offense?
A criminal record annotation is, according to legal principle, not automatically maintained throughout the entire judicial proceedings. Its existence depends significantly on the particular stage of the proceedings and the decision of the responsible law enforcement authorities or courts. During the preliminary and investigative phases, it serves to record relevant facts and to note that proceedings are being conducted against the affected person. After the conclusion of the proceedings, whether by discontinuance, acquittal or final conviction, the relevant procedural law determines whether and for how long a criminal record annotation is maintained or must be deleted. This often occurs in accordance with statutory storage and deletion periods, such as those arising from the Federal Central Register Act (BZRG) or data protection law.
What legal consequences are associated with a criminal record annotation?
Generally, a criminal record annotation does not entail direct criminal sanctions or restrictions of the affected person’s rights. Rather, the criminal record annotation serves as an evidentiary and procedural tool, recording the fact that investigations are or were ongoing against a person in connection with a criminal offense. However, indirect legal consequences may arise, such as an increased likelihood of further checks by police or judiciary, potential impact on current application and licensing procedures, or security checks in the public service. A criminal record annotation may also be relevant for the question of reopening investigations or for retaining the details of suspects, as long as the proceedings have not been finally completed.
Who is informed about a criminal record annotation and to whom is it reported?
Access to a criminal record annotation is strictly limited by criminal procedure and data protection law. As a rule, only authorities involved in the particular criminal proceedings have knowledge thereof, in particular the public prosecutor’s office, competent courts, and, where applicable, the investigating authorities (such as the police). Additionally, a criminal record annotation may be reviewed by involved authorities in the course of administrative fact-finding. Disclosure to outsiders—such as employers, private individuals, or authorities not involved in the proceedings—is legally excluded unless specific statutory provisions expressly allow this, for example within reliability checks in especially regulated professional sectors.
How long is a criminal record annotation stored and when must it be deleted?
The duration for which a criminal record annotation is stored is subject to different legal regulations depending on the stage of proceedings. If the investigation is discontinued, the annotation must generally be deleted promptly, depending on the reason for discontinuation (see §§ 153 ff. StPO), unless archiving or special statutory retention periods apply. In case of a final conviction, the storage duration is governed by § 45 ff. BZRG, whereby certain entries may be stored for 3, 5, 10, or 15 years; in qualified cases, even for life. The constitutionally enshrined requirements of data protection—especially the right to erasure of personal data under Art. 17 GDPR—may apply within the scope of supplementary regulations.
Can those affected take legal action against the entry of a criminal record annotation?
Affected persons have, under certain conditions, the opportunity to take action against the storage and use of a criminal record annotation. This can be done in particular by a request for deletion under data protection law, an objection under the respective state data protection law, or by a court application for removal from records. A prerequisite for successful removal or deletion is generally that there are no longer any statutory grounds for further processing or storage, for example after final discontinuance of proceedings or proven innocence. The rights of affected persons also include the right to information about stored data, which may be regulated with varying detail depending on the federal state.
Can a criminal record annotation affect future investigations?
Yes, a previous criminal record annotation can, in certain situations, influence future investigations. Although the annotation itself does not constitute evidence of a criminal offense, knowledge of previous investigations can serve as a basis for decisions in police measures and assessments—such as in risk evaluations or forecasts. Legally, however, it must be ensured that the annotation does not have any prejudicial effect and must not be regarded as a sign of guilt. Its renewed use in subsequent proceedings is only permitted in compliance with the relevant procedural and data protection constraints.
