Term and Meaning of Criminal Stigma
The term criminal stigma in German law refers to the negative impact that a criminal conviction has on a person’s social standing, reputation, and (civil) legal rights. This term is neither a direct legal consequence of a criminal judgment nor a measurable or precisely time-limited concept. Rather, it is a socially and legally relevant consequence of punishment, whereby the affected person is often burdened with prejudice, restrictions, and further discrimination. In a broader sense, criminal stigma also refers to the economic and social stigma that can result from a criminal conviction.
Distinction and Systematics
Criminal stigma differs from direct criminal sanctions such as imprisonment, fines, or ancillary penalties. While these are concrete consequences prescribed by law, criminal stigma describes the medium- and long-term effects on the legal status and societal role of the convicted individual. It is closely linked to the concept of public civil rights, the general right to personality, as well as access to certain professions or social positions.
Historical Development of Criminal Stigma
Criminal stigma in classical understanding
Criminal stigma had pronounced significance in classical criminal law. In older legislation, the loss of “honor” or civil rights was a direct ancillary consequence of many penalties. Public pillory, loss of voting rights, exclusion from certain professions, or removal of eligibility for office were typical criminal law ancillary effects.
Change in modern law
With increasing emphasis on resocialization and individual rights of the convicted person, criminal stigma lost significance as an intentionally legislated form of repression. Modern criminal law attempts to counteract the negative consequences of a conviction, especially regarding lasting social stigmatization. The reintegration of offenders is now seen as a central goal.
Legal Effects of Criminal Stigma
Criminal stigma and loss of public civil rights
Classic consequences of criminal stigma include the loss or restriction of public civil rights. These may include, among others, the following rights:
- Passive and active voting rights
- Rights to hold public office
- Voting and assembly rights
- Disciplinary jurisdiction and civil servant rights
Certain convictions can explicitly lead to the loss or revocation of these rights, see §§ 45 ff. Criminal Code (StGB) (loss of eligibility for office, right to vote, and voting rights).
Impacts on Professional Life
Criminal stigma has a particular effect on professional life. A criminal conviction can prevent employment in, or the practice of, certain professions or activities. Jobs in the public sector and professions with special positions of trust (such as in the security, transport, or medical sectors) are especially affected. Furthermore, many employers require a certificate of conduct, which lists specific prior convictions and their deletion periods.
Public and Private Sector
Not only state measures can maintain criminal stigma. It also plays a role in the private sector—for example, when searching for housing or employment. Social rejection or distrust often follows as soon as a criminal conviction becomes known, regardless of subsequent legal regulations regarding deletion or rehabilitation.
Deletion and Duration of Criminal Stigma
Entry in the Federal Central Register and Certificate of Conduct
A key role in determining the duration of criminal stigma is played by entries in the Federal Central Register (§§ 4 ff. BZRG) and the information provided in the certificate of conduct (§§ 30 ff. BZRG). Convictions are recorded there and deleted (made eligible for deletion) after certain deadlines, provided that no further offences have been committed.
Deletion Periods
The deletion periods are generally 3, 5, 10, 15, or, in individual cases, even more years depending on the type and severity of the penalty. After deletion, these offences may no longer be used to the detriment of the individual in the normal course of law. Nevertheless, in exceptional cases, they may still remain relevant for official decisions (for example, in the case of repeat prosecution).
Rehabilitation and Resocialization
German law provides numerous instruments for rehabilitation and resocialization. This includes, for example, the right to resocialization after serving a sentence, as well as the ability to apply to a court for the restoration of certain rights or for accelerated deletion from the register. The legal deletion from the Federal Central Register is intended to eliminate the criminal stigma; however, it can persist socially for a longer period.
Criminal Stigma in International Legal Comparison
Germany and Other Legal Systems
While the term criminal stigma does not have an exact legal definition in German law, it also exists in a similar form in other legal systems. Many states regulate how offenders are to be reintegrated into society and exempted from further negative consequences after serving their sentences.
European Developments
Within the framework of international conventions and European regulations, the right to social reintegration after serving a sentence is gaining particular importance. The goal is to avoid unjustified social exclusion and discrimination. Various laws and case law now take into account that criminal stigma should not extend beyond the actual punishment.
Criminal Stigma and Data Protection
Disclosure Requirement and Confidentiality
A central legal issue in connection with criminal stigma is the question of the extent to which a person is obliged to disclose prior convictions, or whether third parties are authorized to provide information on convictions. Data protection law, especially under the General Data Protection Regulation (GDPR) and the Federal Data Protection Act, protects personal data—including information on prior convictions—from unauthorized disclosure.
Legal Limits to Disclosure
Disclosure of prior convictions may, in principle, only be required in cases regulated by law (for example, to certain employers, authorities, or courts). Unauthorized disclosure may result in civil and criminal penalties.
Literature and Sources
- Criminal Code (StGB)
- Federal Central Register Act (BZRG)
- General Data Protection Regulation (GDPR)
- Literature: Fischer, Criminal Code and Commentary; Miebach, Criminal Procedure Law; Schünemann, Resocialization and Criminal Stigma.
Summary:
The term criminal stigma describes the legal and social consequences of a criminal conviction beyond the actual sentence. It is characterized by social stigmatization, restricted rights, and professional limitations, the duration and extent of which are intended to be limited by statutory provisions on deletion and rehabilitation. The law protects those affected from permanent discrimination, although complete eradication is only partially successful in social practice.
Frequently Asked Questions
How does criminal stigma affect career progression?
A criminal stigma can have significant effects on a person’s career development. Employers, especially for sensitive activities or in the public sector, are often required to request a police certificate of conduct and to consider the entries contained therein. Private companies also frequently reserve the right to exclude applicants with a criminal record from certain positions, particularly where a position of trust or handling of sensitive data is involved. Legally, however, only relevant and not yet deleted prior convictions may be taken into account in the application process. Once criminal stigma has been removed or deleted from the certificate of conduct, no disadvantages should generally arise from it. Nevertheless, particularly in small industries, there remains a risk, through ‘word of mouth’, that a former criminal stigma will inevitably hinder career advancement. Rehabilitation efforts and the state’s goal of promoting reintegration serve to counteract this, but are not always fully realized in practice.
What role does the Federal Central Register play in connection with criminal stigma?
The Federal Central Register is the central official register for criminal law decisions in Germany. All final criminal judgments, penalty orders, certain foreign convictions, and judicial measures concerning criminal acts are registered here. An entry in the Federal Central Register therefore constitutes the formal criminal stigma. What is decisive is whether and when a criminal law decision is transferred into the certificate of conduct, since not every register entry automatically appears in the certificate of conduct. Minor convictions, in particular, are often omitted. The deletion periods regulate how long an entry remains in the register, depending on the offense, sentence, and other circumstances. Once the deletion period has expired, the entry is deleted and, from that point on, may no longer be considered for official or private purposes.
What are the deletion periods for entries associated with criminal stigma?
Different deletion periods apply to entries in the Federal Central Register according to § 46 BZRG (Federal Central Register Act). The duration of the periods depends on the type and severity of the conviction: For fines and prison sentences of up to three months, the deletion period is usually three years. For prison sentences of up to one year and suspended sentences, it is usually five years. For more serious offenses, deletion periods between ten and twenty years are provided for. Revoked probations, further convictions, or special measures such as subsequent preventive detention can extend the deletion periods or exclude deletion. The period always begins after the judgment becomes final. After the deletion period has expired, the entry is deleted from the register, thus removing the legal criminal stigma.
What is the significance of the certificate of conduct in relation to criminal stigma?
The certificate of conduct is an extract from the Federal Central Register listing specific criminal law entries. For private individuals, it is crucial that not every conviction also appears in the so-called ‘simple certificate of conduct’. Minor convictions or certain juvenile sanctions are excluded under certain conditions. In daily life, the certificate of conduct is the primary source of information regarding any criminal stigma, especially for job applications and official checks. Employers usually only obtain the simple or enhanced certificate of conduct, while authorities, where necessary, can access the ‘official certificate of conduct’, which is more comprehensive. However, a legal violation occurs if a previously deleted criminal stigma is used against a person.
To what extent can criminal stigma exclude the practice of certain professions?
For certain professional groups, the law prescribes explicit requirements of a clean record or special ‘reliability checks’. These include, among others, lawyers, doctors, civil servants, educators, security services, and aviation personnel. If a criminal stigma is present—particularly in connection with property, sexual, or violent offenses—this can permanently or temporarily bar access to certain professions. The relevant licensing authority examines the pertinent register entries in individual cases and decides, if necessary, on the rejection or revocation of professional licensing or permission to practice. In less regulated professions, the decision on employment is left to the employer, who must nevertheless comply with data protection requirements and may not take deleted entries into account any longer.
Is it possible to have a criminal stigma deleted from the register early?
Under certain conditions, early deletion of a criminal law entry from the Federal Central Register is possible, the so-called ‘early deletion upon application’ according to § 47 BZRG. This becomes relevant, in particular, when reintegration into the labor market or professional rehabilitation is hindered. For deletion, both the legal requirements—such as the absence of relevant new offences and a sufficient period since the judgment—and a positive social prognosis must be met. The Federal Office of Justice decides on the application at its discretion. Usually, however, the regular deletion periods remain binding.
Can juveniles and young adults have a criminal stigma deleted more quickly?
Juveniles and young adults convicted under the Juvenile Courts Act (JGG) generally benefit from shortened deletion periods and a more restrictive entry practice. Educational measures, disciplinary measures (such as community service or juvenile detention), and many juvenile criminal matters are usually not included in the certificate of conduct or are deleted earlier. An entry in the Federal Central Register is also less common compared to adult law, and is often removed after just three years. This serves the legal aim of resocialization and reintegration of young people. However, if a new relevant offence occurs in the meantime, the deletion period for all entries is extended. Once criminal stigma has been fully deleted, it may no longer be used to the disadvantage of juveniles by law.
