Expungement of Convictions in German Law
Die Expungement of Convictions refers, in German law, to the process by which a conviction recorded in the Federal Central Register (BZR) is deleted after certain periods, and therefore may no longer be considered. The aim of expungement is, in particular, the resocialization of convicted individuals and protection against undue social disadvantages due to continued criminal record entries.
Concept and Legal Basis
Definition
The expungement of a conviction is the removal of the record of a criminal conviction from the Federal Central Register. After expungement has taken place, the person in question is regarded as not having a prior conviction for the relevant offense. The relevant legal regulations are found in particular in the Federal Central Register Act (BZRG).
Legal Sources
The key statutory provisions governing expungement are set out in Sections 45 to 52 BZRG. In addition, supplementary regulations arising from other statutes such as the Criminal Code (StGB) and Youth Courts Act (JGG) may be significant in connection with the expungement of a conviction.
Requirements and Time Limits for Expungement
Expungement Periods
The expungement of entries in the Federal Central Register is not subject to uniform time limits. Different expungement periods apply depending on the offense, sentence, and other factors:
- 3 years: Monetary fines up to 90 daily rates or prison sentences up to 3 months, if there are no other entries (§ 46(1) No. 1 BZRG).
- 5 years: For most convictions under juvenile criminal law (§ 46(1) No. 2 BZRG).
- 10 years: For more serious offenses and for prison sentences between 3 months and 1 year (§ 46(1) No. 3 BZRG).
- 15 years: For prison sentences of over 1 year or certain serious offenses, particularly sexual offenses (§ 46(1) No. 4 BZRG).
Note: The periods generally begin on the date of the first judgment but may be interrupted or extended by certain circumstances (new convictions, revocation of probation, etc.) (§ 36 BZRG).
Requirement for Expungement
The requirement for expungement is the expiration of the relevant period. No further action is required; expungement is carried out ex officio. However, under certain circumstances, deletion can also take place before the expiry of the period, for example in the case of inaccurate entries (§ 52 BZRG).
Early Expungement
Early expungement is generally not provided for under current legal provisions. In exceptional cases, such as deletion of inaccurate entries or subsequent modification of a judgment by court order, an entry can be removed.
Legal Consequences of Expungement of a Conviction
Effect of Expungement
Once expunged, the conviction in question – with few exceptions – may no longer be used against the individual (§ 51 BZRG). The expunged person is considered “not previously convicted” under the law. This particularly applies in relation to authorities, courts, and in witness statements.
However, certain restrictions apply: for certain professions and activities with special protection interests, such as employment in the public sector or activities involving children and young people, further information may under certain circumstances be requested, e.g. in the form of an extended certificate of conduct (§ 30a BZRG). But even then, expunged entries are generally no longer included.
Special Restrictions on Use
Entries serving the protection of particularly sensitive groups (e.g. sexual offenses) are subject in certain contexts to further restrictions on use or – conversely – to longer expungement periods. Especially for applications to sensitive professional groups, it remains possible in exceptional cases to collect information even after the ordinary expungement period, but always strictly in accordance with data protection regulations.
Retroactive Effects
Once an entry is expunged, there is generally no longer any obligation to disclose information about the previous conviction in legal dealings. This also applies to witness statements or job applications; the person is thus considered not previously convicted.
Areas of Application and Practical Significance
Significance in Professional Life
Expungement is of considerable practical relevance, especially when applying for jobs or professional licenses where a clean record is required. Expungement can help avoid social and professional disadvantages, which is a key element of resocialization.
Significance in Criminal Proceedings
In new criminal proceedings, an expunged previous conviction is, as a rule, no longer to be taken into account, neither in sentencing nor in assessing the defendant’s character. This reflects the principle of resocialization and ensures legal equality.
Distinction: Certificate of Conduct and Federal Central Register
A distinction must be made between entries in the certificate of conduct and the Federal Central Register. Expungement primarily relates to the Federal Central Register. Not all entries held in the Register appear in the certificate of conduct – particularly minor penalties below certain thresholds. However, with expungement in the Federal Central Register, any corresponding entry in the certificate of conduct also generally ends.
Special Regulations in Juvenile Criminal Law
Different periods and regulations partially apply in juvenile criminal law. Statutory provisions provide for preferential expungement of less serious convictions, in order to allow young people a fresh start unburdened by a criminal record (§ 46(1) No. 2 BZRG).
Convictions under juvenile law are often expunged earlier than those under adult criminal law, particularly where disciplinary measures, work requirements, or probation are imposed.
Legal Protection in Cases of Incorrect Entries and Failure to Expunge
Affected individuals are entitled to the deletion of inaccurate entries and can, if an entry was made incorrectly or expungement has not taken place, challenge the continuing entry through administrative channels or legal action (§ 52 BZRG).
International Context
Rules on the expungement of convictions differ considerably in other countries. Especially where foreign authorities request information, or in the case of criminal prosecution abroad, the question of if and when entries are expunged also depends on international law and agreements.
Conclusion
The expungement of convictions is a central instrument of the German legislature to promote resocialization and protect the privacy of formerly convicted individuals. It is comprehensively regulated in the Federal Central Register Act, with expungement periods and effects that vary according to the type and seriousness of conviction, as well as other circumstances. Expungement ensures that the idea of resocialization is not undermined by lasting social stigmatization and thus contributes significantly to legal peace and equality.
Frequently Asked Questions
When can a conviction be expunged?
The expungement of a conviction is governed by the provisions of the Federal Central Register Act (BZRG). The expungement period generally begins on the day of the first judgment or of the last decision in the criminal proceedings. The length of the period depends, among other things, on the nature and duration of the penalty imposed (e.g., fine, imprisonment, youth penalty) and is typically 3, 5, 10 or, in exceptional cases, up to 20 years (§ 46, § 47 BZRG). In addition, multiple convictions may result in different periods and thus an extension of the overall expungement period. During the expungement period, entries remain in the Federal Central Register and can be taken into account in new criminal proceedings, for sentencing purposes, or in special professional proceedings.
What are the effects of expunging a conviction?
After the expiration of the expungement period and the deletion of the entry in the Federal Central Register, the affected person is again regarded as not previously convicted under § 51 BZRG. The relevant data is then subject to a blocking period and may generally no longer be disclosed. This is especially true vis-à-vis private employers and in most official contexts. The affected person is then also entitled, in future disclosures, to state explicitly that they are not previously convicted. Exceptions exist only for particularly serious offenses or in security-sensitive areas, where specific information may continue to be permissible subject to official authorization or statutory permission.
What happens if a new offense is committed during the expungement period?
If a new offense is committed and becomes final with a conviction, this generally results in the expungement of the earlier conviction being postponed. According to § 47(3) BZRG, a new expungement period starts for the most recent offense, which may result in extension of the periods for all entries (so-called overall expungement). This serves the purpose of ensuring that recurring criminality and its relevance for criminal assessment remain documented over a longer period.
How is a conviction actually removed from the registers?
The automatic deletion of a conviction takes place after the relevant expungement period expires, without application by the person concerned, by the registry authorities (§ 46(1) BZRG). After deletion of an entry in the Federal Central Register, it is also no longer shown in subsequent disclosures, such as the certificate of conduct. The deletion covers both electronic and written register extracts. However, there is no obligation to notify the affected person; the status of the Federal Central Register can, however, be checked by the affected person upon application.
Are there exceptions to the effect of expungement?
Yes, there are various exceptions to the effect of expungement. For example, certain convictions for sexual offenses and serious capital crimes may be subject to extended reporting requirements (§ 56, 57 BZRG). Also, for persons in security-sensitive positions, in the public sector, or in employment involving children and youth, information about already expunged convictions may be required under certain circumstances. Additionally, different deletion periods and special rules may apply in the driver suitability register or the central commercial register.
Can expunged convictions ever be “revived”?
In principle, a conviction expunged from the Federal Central Register is permanently deleted and may not be disclosed or used to the detriment of the individual. However, there is the possibility of “reuse” in retrial proceedings and in very specific circumstances of preventive detention, where previous convictions can be considered again for legal assessment. In addition, traces of a conviction may, in some cases, remain in other databases regulated by special laws, such as the police information system, for a certain period.
How do expungement and rehabilitation differ in a legal context?
While the expungement of a conviction is based on the removal of the criminal record entry and restores the status of “not previously convicted,” rehabilitation refers to a separate legal process in which further state or social disadvantages of a conviction are lifted. Expungement therefore primarily concerns register law, whereas rehabilitation addresses further practical and social consequences of the conviction (e.g., granting of compensation for damages or lifting of professional bans). Both institutions are regulated separately in law, but may be interrelated.
