Definition and Significance of Criminal Record Expungement
Die Criminal Record Expungement refers in German law to the process by which a criminal conviction is legally removed from the Federal Central Criminal Register. After certain deletion periods—guided by statutory requirements—entries that are eligible for expungement must no longer have legal effect and must be treated as if they no longer exist from that point onward. The aim of expungement is to enable the social and legal rehabilitation of affected individuals and to prevent ongoing discrimination against former convicts.
Legal Basis of Criminal Record Expungement
Federal Central Criminal Register Act (BZRG)
The relevant provisions for expungement are found in the Federal Central Criminal Register Act (BZRG). The BZRG regulates which criminal decisions are to be entered into the register, when and under which conditions these entries are to be deleted (expunged), and what effects this entails.
Entry Obligation and Entry Types
The Federal Central Criminal Register records, among other things, judgments, penalty orders, or warnings with reservation of penalty. According to the BZRG, certain decisions must be entered into the register, which plays a central role in connection with expungement.
Deletion Periods under the BZRG
Die Deletion periods are specified in detail in the BZRG and vary depending on the type and severity of the offense, the amount of the imposed sentence, and other circumstances of the individual case.
General Deletion Periods (§ 46, § 47 BZRG)
- Three-Year Deletion Period: Applies, for example, to convictions of up to 90 daily rates of a fine or up to three months’ imprisonment, provided there are no further entries.
- Five-Year Deletion Period: Applies to convictions with relatively minor sentences, such as fines exceeding the aforementioned thresholds, or prison sentences of up to one year.
- Ten-Year Deletion Period: Applies to more serious offenses with custodial sentences of more than one year, in cases of repeat convictions, as well as for sexual offenses and similarly serious crimes.
- Thirty-Year Deletion Period: Particularly serious cases, such as convictions to life imprisonment or certain sexual offenses, are subject to a deletion period of 30 years.
The deletion periods generally begin on the day of the first judgment or the first overall conviction, but can be interrupted or extended by new convictions.
Absolute and Relative Deletion Periods
While relative deletion periods can be extended by new offenses and convictions (suspension of expungement), absolute periods exist which cannot be interrupted, even by further offenses (particularly in the case of very long deletion periods).
Suspension of Expungement
The expungement of a previous sentence is suspended as long as further convictions that are not yet eligible for expungement are recorded in the register (§ 52 BZRG). This is intended to prevent persons with multiple convictions from benefitting by the expungement of earlier convictions.
Legal Consequences of Expungement
Effects of Expungement (§ 51 BZRG)
Once expungement has taken place, the deleted entries may not be disclosed to any third party. As far as authorities are concerned, the offense is deemed not to have occurred. This means that government bodies, courts, and private employers must, within a limited scope, act as though a conviction never occurred. There is generally a prohibition on disclosure.
Exceptions to the Expungement Principle
For certain sovereign tasks—particularly in ongoing criminal proceedings, in retrials under criminal law, during elections to public office, or for security vetting—exceptions to the strict principle of expungement may be provided.
Impact on Certificate of Good Conduct
Expungement in the Federal Central Criminal Register has direct implications for the certificate of good conduct (§ 32 et seq. BZRG). After expungement, the prior conviction no longer appears on the certificate of good conduct, which has a practical influence on career progression and social rehabilitation.
Special Forms of Expungement
Expungement of Youth Sentences
Separate deletion periods apply to offenses punished under juvenile criminal law (JGG). Minor sanctions, such as educational measures or disciplinary means, may be subject to different deletion periods.
Expungement in Cases of Regulatory Offenses
Certain serious administrative offenses, if subject to a fine, can also be entered into the Federal Central Criminal Register and can be deleted after the applicable deletion periods.
Procedure and Execution of Expungement
Automatic Process
The expungement is generally carried out automatically. The Federal Office of Justice is obligated to delete all relevant register entries once the requirements are met, without the need for an application by the affected person.
Application and Inspection
Affected individuals have the right under §§ 41, 42 BZRG to inspect the entries concerning them in the Federal Central Criminal Register. To verify if, when, and to what extent an expungement has occurred or can occur, a right to information exists. The application is not subject to formal requirements, but generally requires personal identification.
Significance and Purpose of Expungement
The regulations on expungement serve the constitutionally protected interests of resocialization and privacy protection. They are intended to prevent recidivism, promote personal development, and reduce stigmatization by past offenses. The right to be forgotten with regard to convictions is thus also part of the German legal system within the framework of European human rights standards.
Literature and Further Sources
- Federal Central Criminal Register Act (BZRG)
- Criminal Code (StGB)
- Juvenile Courts Act (JGG)
- Federal Office of Justice – Information about the Federal Central Criminal Register
- Commentaries on §§ 45-52 BZRG
Note: The information in this article provides a comprehensive overview of the topic of criminal record expungement and its legal basis in German criminal law. For more in-depth or individualized examination, the relevant statutory texts and official publications are authoritative.
Frequently Asked Questions
What deadlines apply for the expungement of criminal offenses in the Federal Central Criminal Register?
Deletion periods for criminal offenses in the Federal Central Criminal Register (BZRG) vary depending on the nature and severity of the sentence and the person concerned. According to § 46 BZRG, the time limits are generally 3, 5, or 10 years. For convictions of fines or custodial sentences up to three months, not connected to specific qualifying offenses, the period is 3 years. Imprisonment between three months and one year leads to a deletion period of 5 years, provided no exclusion criteria apply. For sentences over one year, juvenile measures, and various other convictions, the deletion period usually increases to 10 years. The period begins on the date of the first judgment, but for multiple decisions, only with the most recent relevant decision. Additional provisions apply, for example, for measures relating to improvement and security, as well as for juveniles and young adults under the Juvenile Courts Act.
Can a further conviction affect the deletion period?
Yes, new criminal convictions have a significant impact on the deletion periods pursuant to §§ 47, 49 BZRG. If another criminal offense becomes final during an ongoing deletion period, and if this entry is also relevant for deletion (i.e., not already expunged or eligible for expungement), the deletion period for both offenses starts anew from the time of the last decision. This so-called suspension of the period prevents several offenses from being expunged independently and is intended to ensure that repeat offenders do not rehabilitate themselves simply by the passage of time while relevant new offenses are still being added.
What impact does an expunged offense have on the certificate of good conduct?
Once an offense has been deleted after the relevant deletion period has expired, it appears in neither the extended nor the basic certificate of good conduct (§ 51 BZRG). However, it remains recorded until expungement. After expungement, information about the expunged offense may generally not be disclosed or used, either in administrative or private contexts (§ 52 BZRG). This serves to promote the resocialization of the individual concerned and to ensure the restoration of legal equality. Please note, however, that special rules may apply for specific certificates of good conduct, such as when working with children, under § 32 BZRG, which may require reporting even after expunged offenses.
What exceptions to expungement does the law provide?
The law excludes certain offenses and decisions in whole or in part from expungement. According to § 51 para. 1 sentence 2 BZRG, convictions for particularly serious offenses (such as offenses under § 174 et seq. StGB – sexual offenses against children) are listed in the extended certificate of good conduct even beyond the regular deletion period and remain accessible for longer or even permanently. This serves to protect particularly vulnerable groups. Also excluded are certain decisions relating to preventive detention or other custodial measures. Disciplinary measures, professional bans, or administrative measures may also be excluded from expungement.
Who has access to the stored data during the deletion period?
During the deletion periods, government agencies, in particular courts, public prosecutors, and certain authorities (such as youth welfare offices as part of their statutory duties), may access offenses that have not yet been expunged. After expungement, the relevant entries are blocked even for these authorities and, in principle, may neither be communicated nor used (§ 51, § 52 BZRG). Only in special exceptional cases, such as for the gravest repeat offenses or investigations of relevant new offenses, may access still be permitted for closely restricted official purposes.
What are the consequences of a non-expungeable offense in the Federal Central Criminal Register?
Non-expungeable offenses—especially certain sexual offenses or convictions to life imprisonment—remain permanently in the Federal Central Criminal Register and thus in associated documents, such as an extended certificate of good conduct. They may be used against a person many years or even decades after the offense, for example in certain security checks or renewed public prosecution investigations. This poses a significant restriction on legal and social rehabilitation.
How can an affected person check or apply for the expungement of their offense?
Expungement in the Federal Central Criminal Register generally takes place ex officio, i.e., automatically after the statutory deadlines have expired. An application by the concerned person is generally not required. Nevertheless, affected persons may apply for information from the Federal Central Criminal Register about their own entries (§ 42 BZRG), in order to check the status of the entries. If an entry remains even after the deadline, the individual may apply for its deletion or correction to the registration authority. A complaint against the rejection of deletion is also possible in administrative proceedings.
Are there special rules for juveniles and young adults regarding expungement?
Yes, for juveniles (14 to 17 years old) and young adults (18 to 20 years old) sentenced under juvenile criminal law, partially different deletion periods apply under §§ 46 and 47 BZRG in conjunction with the provisions of the Juvenile Courts Act (JGG). Oftentimes, the periods are shorter—for instance, usually 3 years for disciplinary measures. For juvenile sentences of up to one year, the deletion period is typically 5 years. An exception applies in the case of particularly serious offenses, where the longer deletion periods for adults may apply. The aim is to take into account the particular need for resocialization of young people.
