Expungement of Criminal Records
The expungement of criminal records is a significant concept in the German legal system. It refers to the removal or anonymization of entries related to criminal convictions that are recorded in official registers or databases. Expungement serves both to protect the personal rights of affected individuals and to support their rehabilitation and enable a fresh start in society. The following article provides a comprehensive explanation of the legal foundations, procedures, time limits, and relevant particularities of expungement of criminal records in Germany.
Legal Foundations
Criminal Records and Entries
At the center of expungement of criminal records is the Federal Central Register (BZRG). The BZRG is the principal official register in which criminal judgments against individuals are recorded. Besides the BZRG, other registers, such as the Juvenile Register or the Central Business Register, may also contain relevant entries. Entries are made according to statutory requirements and concern judgments, penal orders, and other criminal convictions.
Objectives and Functions of Expungement
Expungement pursues several legal and societal objectives:
- Rehabilitation: Individuals who have committed criminal offenses should, after a suitable period without further offenses, be allowed an unburdened return to social life.
- Legal Certainty: After the expiration of the expungement periods, certain convictions are deemed extinguished and may not be considered again.
- Data Protection: Protection against permanent disadvantage due to past crimes through removal or blocking of the data.
Regulations on Expungement in the Federal Central Register
Types of Entries and Relevance
Not all decisions are entered into the BZRG equally. In principle, final convictions, penal orders, and certain measures of reform and prevention are recorded. However, not every conviction necessarily leads to an entry in the certificate of conduct, since its content also depends on the rules regarding deletion and expungement.
Expungement Time Limits
The expungement periods are set out in §§ 45 to 47 BZRG. They depend on the type and severity of the imposed sanction as well as other prior criminal records.
- Three-Year Expungement Period under § 46 paragraph 1 number 1 BZRG: For less severe convictions (e.g., fines up to 90 daily rates or prison sentences up to three months, provided there are no other entries).
- Five-Year Expungement Period under § 46 paragraph 1 number 2 BZRG: For moderately severe convictions (e.g., fines over 90 daily rates, prison sentences between three months and one year, if execution was suspended on probation).
- Ten-Year Expungement Period under § 46 paragraph 1 number 3 BZRG: For more severe sanctions, especially for prison sentences over one year up to five years, provided probation was granted.
- Twenty-Year Expungement Period under § 46 paragraph 1 number 4 BZRG: Applies mainly in cases of sexual offenses, regardless of any probation.
- Expungement Without a Time Limit: Certain convictions (e.g., sentences of life imprisonment) are excluded from expungement and remain permanently in the register.
Commencement and Expiry of Periods
The expungement period generally begins on the day the decision first becomes final (§ 46 paragraph 2 BZRG). In the case of multiple convictions, expungement extends to the longest possible period in each case, as entries are expunged together only for clarity and preventive effect.
Suspension and Interruption of Expungement
In certain cases, expungement is suspended or interrupted. If the affected person commits a new offense during the expungement period that leads to another entry, the expungement periods are extended to allow consolidated record-keeping (§ 47 BZRG).
Consequences of Expungement
Legal Consequences After Expungement
Once a criminal record is expunged, the decision is no longer considered a relevant conviction. Affected individuals must, in legal dealings—such as job applications or disclosures to authorities—be treated as though the conviction never occurred (§ 51 BZRG, “right to lie”). Moreover, disclosures from the Federal Central Register may no longer include the content of expunged decisions.
Significance for the Certificate of Conduct
Expungement in the Federal Central Register directly affects the certificate of conduct. After expungement, the relevant note may no longer appear in the certificate of conduct. Special rules apply for particular cases, such as employment in sensitive areas with children and adolescents.
Deletion from Other Registers
Depending on the situation, entries in other registers (e.g., the Central Business Register) are also expunged or deleted according to the relevant statutory provisions. These rules are often aligned with the BZRG.
Special Situations and Exceptions
Reopening of Proceedings
If proceedings are reopened or a conviction is overturned, the corresponding criminal record is removed from the register (§ 8 BZRG). This negates the need for expungement as the entry no longer has legal grounds.
Professional-Related Suspensions of Expungement
In certain professional checks, especially under the Federal Child Protection Act, even expunged entries may, under certain circumstances, still be considered, such as when prescribed by law.
International and European Aspects
There is no unified register for the expungement of criminal records within the European legal area. Country-specific inquiries and rules for information exchange are governed by bilateral and multilateral treaties as well as EU regulations.
Sources and Further Regulations
- Federal Central Register Act (BZRG)
- Criminal Code (StGB)
- Federal Child Protection Act (BKiSchG)
- General Equal Treatment Act (AGG)
- European General Data Protection Regulation (GDPR)
Summary
The expungement of criminal records constitutes a central mechanism in German law to ensure the rehabilitation of individuals who have committed offenses and to promote their reintegration into society. It is governed by detailed statutory provisions that precisely define the nature, duration, and content of expungement. Once expungement has occurred, there is extensive protection against the continued impact of previous convictions in legal transactions or towards third parties. Exceptions exist only in a few, specifically regulated cases.
Frequently Asked Questions
What are the time limits for expungement of criminal records in the Federal Central Register?
The expungement periods for criminal records in the Federal Central Register (BZR) are governed by the Federal Central Register Act (BZRG) and vary depending on the type and severity of the respective offense and the imposed sanction. As a rule, the expungement period for convictions to fines or prison sentences of up to three months is three years. For sentences of more than three months up to one year, if suspended on probation, the period is also three years; if imprisonment is not suspended, the period is five years. For sentences of more than one year, the expungement period is ten years. For sexual offenses, the period can be extended to 15 years. The period always begins on the day of the first judgment; if there are multiple convictions, from the day of the last judgment. Certain measures, such as supervision, can delay the start of the expungement period. In addition, an entry may be stored for life in certain cases, such as prison sentences of more than five years for specific crimes.
What effect does the expungement of a criminal record have on the certificate of conduct?
After a criminal record is expunged from the Federal Central Register, the corresponding conviction generally no longer appears on the certificate of conduct. This means that, upon request by an employer, authority, or other institution, no information regarding the expunged offense will be provided. However, if further entries exist, expungement of individual data may be delayed due to rules for repeat offenders. Exceptions also exist, for example, for extended certificates of conduct that are required for work with children or youth: Certain sexual offenses may be disclosed even after the expiry of the expungement period if they have not been explicitly removed.
Can expungement periods be interrupted or suspended?
Yes, expungement periods can be interrupted or suspended. The BZRG provides that expungement periods especially pause when a new conviction occurs before an already running expungement period expires. In such cases, the expungement period for all entries starts at the earliest with the finality of the most recent judgment. Measures, such as subsequent orders for preventive detention or supervision of conduct that affect the entire register, can also lead to suspension. Finally, expungement is delayed if, before expiry of the period, a criminal procedure is pending that could result in an entry.
What happens to the data after expungement from the Federal Central Register?
After expiry of the statutory expungement period, criminal records must generally be removed from the Federal Central Register. The data may then no longer be provided for certificates of conduct or to authorities upon request. Only in rare exceptional cases, such as for scientific or statistical purposes and under strict anonymization, is access permitted. Once expunged, the data are legally non-existent for the affected person and third parties, and may no longer be used to their detriment in legal matters. The unlawful disclosure or use of expunged data is prohibited by law and may entail criminal or disciplinary consequences.
Does expungement of criminal records also apply to disciplinary notes in the public service?
The expungement of criminal records in the Federal Central Register does not have a direct effect on disciplinary notes or actions under public service law. Disciplinary measures are recorded under specific disciplinary law provisions, e.g., the Federal Disciplinary Act, and are subject to separate expungement periods and rules. However, the removal of a criminal record entry may in individual cases trigger a reassessment of the disciplinary measure. A separate application is regularly required for this.
What exceptions to the expungement requirement exist?
There are exceptions to the expungement requirement, especially for serious crimes and certain occupational groups. For example, convictions to life imprisonment or for specific sexual offenses in relation to extended certificates of conduct are sometimes not expunged or are only removable to a very limited extent. Additionally, in job applications in the judicial, police or other security-related sectors, expunged entries may still be taken into account if special statutory provisions permit this.
How can an affected individual check whether expungement has occurred?
Every affected person has the right under § 42 BZRG to request information about the data stored about them in the Federal Central Register. For this purpose, a so-called personal register information request can be made at the Federal Office of Justice. The information is generally provided only to the person concerned. In this way, it can be checked whether the expungement of the relevant records has taken place. There is also a right to correction in the event of incorrect or omitted expungement.
