Term and legal definition of prior convictions
In German law, prior convictions are entries in the Federal Central Register (Bundeszentralregister, BZR) that document criminal court decisions in which a person has been legally convicted of a criminal offense. The term “prior conviction” refers exclusively to a criminal penalty (§ 4 BZRG). Regulatory offenses, educational measures under the Juvenile Court Act, or mere investigative proceedings are not considered prior convictions.
The primary purpose of prior convictions is to provide law enforcement and correctional authorities, as well as certain other entities, with information about a person’s criminal record. Central to this is the Federal Central Register, which contains personal data and the essential contents of final and binding court decisions.
Entry in the Federal Central Register (BZR)
Requirements for entry
All final criminal judgments are documented in the Federal Central Register unless they are expressly excluded. In accordance with § 4 of the Federal Central Register Act (BZRG), the following judgments are particularly entered:
- Prison sentences (regardless of their length)
- Juvenile detention (from a duration of more than one year)
- Fines of 90 daily rates or more
- Correctional and preventive measures (e.g., placement in a rehab facility)
- Convictions by foreign courts under certain conditions
Primarily, minor convictions such as fines of less than 90 daily rates (provided no other significant penalties exist) and certain juvenile court sanctions such as warnings, conditions, or community service, are not entered.
Content and scope of entries
Entries contain the following information:
- Personal data of the affected person (name, date of birth, place of birth)
- Court reference number
- Criminal provision applied
- Pronouncement and content of the sentence
- Date of finality
Entries are managed centrally by the Federal Office of Justice.
Deletion and expungement of prior convictions
Expungement periods according to the BZRG
Prior convictions are not stored indefinitely. The Federal Central Register Act provides for so-called expungement periods (§§ 46 ff. BZRG), after which the entry is removed either upon request or automatically. The expungement periods vary depending on the type and length of the imposed sentence:
- Three years: For first-time minor convictions, such as fines under 90 daily rates and juvenile sentences of less than one year, provided other requirements are met.
- Five years: For prison sentences up to three months or fines over 90 daily rates.
- Ten to fifteen years: For more serious convictions, especially prison sentences exceeding three months and certain sexual offenses.
- 20 years: For convictions of life imprisonment or certain sexual and capital offenses.
Expungement means that the person concerned is considered “not convicted” under the Federal Central Register (§ 51 para. 1 BZRG). The period usually begins on the day the judgment becomes final.
Effects of expungement
After expungement, the relevant convictions may generally no longer be used to the detriment of the person concerned. Authorities, employers, or courts no longer have access to this information, unless legal exceptions apply. After expungement, the affected person may state that they have no prior convictions.
The certificate of conduct
The police clearance certificate is an extract from the Federal Central Register and is issued upon request of the concerned person. However, it does not represent a complete list of all prior convictions, but contains only certain entries:
- Entries for minor offenses or juvenile court measures are usually not included.
- Convictions eligible for expungement no longer appear.
- An extended certificate of conduct contains additional information, for example in connection with activities involving children or young people (§ 30a BZRG).
It may therefore happen that there is a prior conviction in the BZR which is not reflected in the certificate of conduct.
Impacts and consequences of prior convictions
Sentencing and repeat offenders
Prior convictions play an essential role in sentencing for new offenses. In imposing new sentences, courts consider any prior record. An existing relevant prior conviction may be considered aggravating; conversely, a long period without reoffending may have a mitigating effect. Repeat or recidivist offenders must expect harsher penalties.
Exclusion from use
After expungement or after certain periods have elapsed (§ 51 BZRG), prior convictions may generally no longer be held against or used to the detriment of the person concerned. There are also special rules regarding the use of prior convictions in the course of criminal proceedings, for example in probation decisions (§ 56 StGB).
Impacts on professional and social life
Prior convictions can have far-reaching consequences for private and professional life. For example, they can:
- Prevent employment in certain professions, particularly in the public sector or in activities involving children and adolescents
- Affect the housing market, insurance, or credit applications
- Lead to a travel ban or expulsion from another country
However, these effects generally only apply to “unexpunged” prior convictions, i.e., those still appearing in the certificate of conduct.
Legal specifics for juveniles
The Juvenile Court Act (JGG) contains special regulations regarding prior convictions. Not every juvenile court decision is recorded in the BZR as a prior conviction. Only the imposition of youth custody for juveniles is considered a prior conviction, provided it is not suspended on probation or not imposed for more than one year.
Educational measures and corrective means such as detention or warnings are generally not listed in the Federal Central Register. This serves the principle of educational priority and the rehabilitation of juvenile offenders.
Special cases and exceptions
Foreign entries
Convictions obtained abroad can also be transferred to the German Federal Central Register in accordance with § 54 BZRG, provided they are equivalent to a decision by a German court. The relevance for national criminal law and certificates of conduct must be assessed on a case-by-case basis.
Multiple entries and aggregate penalties
In the case of several convictions, these are each documented individually in the register. For aggregate penalties, the entry is adjusted and continued accordingly until the final individual penalty has also been removed.
Special regulations for certain professional groups
For certain professional groups, for example in the security service or transportation sector, there are expanded disclosure obligations and stricter requirements regarding prior convictions. Statutorily, longer deadlines or more extensive disclosure obligations are often provided here.
Conclusion
Prior convictions are a central instrument of criminal justice in Germany, and they are recorded in the Federal Central Register. They document a person’s criminal history and have an impact on sentencing, probation, participation in society, and professional opportunities. The expungement of prior convictions is regulated by law and prioritizes rehabilitation. Through differentiated rules on entry, deletion, and use, the law pursues a balanced interest between public security concerns and the need for offenders to be rehabilitated.
Frequently Asked Questions
How long does a prior conviction remain in the certificate of conduct?
The duration of entry for a prior conviction in the certificate of conduct depends on various factors, particularly the sentence imposed and the type of offense. As a rule, the so-called expungement period in accordance with § 46 of the Federal Central Register Act (BZRG) is five, ten, or even fifteen years, depending on the severity of the offense. For less serious convictions — such as a fine of no more than 90 daily rates or a custodial sentence of no more than three months — the period is usually three years. In the case of more serious offenses, such as prison sentences of more than one year, a ten- to fifteen-year period begins. After expiry of the respective expungement period, the entry is removed from the certificate of conduct but remains in the Federal Central Register for some time before it is finally deleted. It is important to note that probationary periods or deferred sentences can extend the expungement period. There are also exceptions, for instance, for sexual offenses, which are subject to special retention periods.
What are the consequences of a prior conviction for professional life?
The impact of a prior conviction on professional life is varied and depends particularly on the intended occupation, the severity of the penalty, and the type of offense. For many employers, especially for jobs in the public sector, security-related professions (such as police, judiciary, security industry), or in areas like education and care, a certificate of conduct must be provided. An entry can result in rejection of a job application or even lead to dismissal if the prior conviction is incompatible with the requirements of the position. For self-employed activities, such as in business, a prior conviction can make it more difficult or impossible to obtain certain licenses. However, for less serious offenses and particularly in the private sector, individual assessment is often applied, so the consequences do not necessarily have to be existential. It should also be noted that employers without a legitimate interest may not ask about a prior conviction or require a certificate of conduct.
Do you have to disclose a prior conviction during a job application process?
There is generally only a duty to disclose if the employer lawfully requests a certificate of conduct. Only those prior convictions that are still entered in the certificate of conduct may be asked about—expunged or already removed convictions do not have to be disclosed. If a question is intentionally asked about a conviction that is eligible for expungement or will no longer be entered, it may be answered untruthfully. There is no general right for the employer to know about all prior convictions. Only for certain occupations, for example in the public sector, in security services, or in education, may there be a broader duty of disclosure. Special regulations must also be observed for persons working with particularly vulnerable groups.
What are the differences between juvenile and adult criminal law regarding prior convictions?
In juvenile criminal law, imposed measures and sentences are assessed differently than in adult criminal law. In particular, educational measures and corrective means (such as community service) are generally not included in the certificate of conduct and therefore do not count as prior convictions in the traditional sense. Only juvenile punishment, i.e., detention due to particularly serious offenses, is entered in the certificate of conduct. Expungement periods are also often shorter in juvenile criminal law, and the Federal Central Register Act contains special regulations for juvenile offenders to avoid excessively impairing their chances of rehabilitation. This means that juvenile offenders can be regarded as “not convicted” sooner than adults.
When is a person considered not to have a prior conviction?
A person is considered not to have a prior conviction when there is no entry in the certificate of conduct. This is the case if no offense has been committed, the person was acquitted, the proceedings were discontinued, or the penalty imposed was below certain thresholds (for example, a fine of no more than 90 daily rates or a prison sentence of no more than three months imposed on probation, and there is no previous conviction). Expunged entries also mean that a person is again regarded as not convicted. It is important that it depends on the entry in the certificate of conduct and not the Federal Central Register.
Can prior convictions be deleted or expunged early?
The expungement and deletion of prior convictions generally take place automatically after the statutory deadlines laid down in the Federal Central Register Act. However, in exceptional cases there is the possibility of early deletion, for example due to special circumstances or upon application if substantial reasons (such as successful rehabilitation) exist. Such an application is subject to strict legal requirements and is rarely granted. The responsible registry authorities are tasked with examination and decision-making in these cases. In addition, entries for certain professions—such as working with children and young people—may remain visible for longer in the extended certificate of conduct.
Do foreign prior convictions have any effect in Germany?
Previous offenses committed abroad can also become relevant in Germany, especially if they have been reported to the Federal Central Register or must be disclosed as part of a reliability check. Generally, there is no automatic adoption of foreign judgments; however, international agreements and the obligation of mutual information may result in relevant data—such as for certain professional groups or in criminal proceedings—being used. The general principles of German register law regularly apply to the entry and expungement periods.
