Criminal record


A criminal record is a record of a person's criminal convictions history. The information included in a criminal record, and the existence of a criminal record, varies between countries and even between jurisdictions within a country. In most cases it lists all non-expunged criminal offences and may also include traffic offences such as speeding and drunk driving. In most countries, a criminal record is limited to unexpunged and unexpired actual convictions, while in some it can also include arrests, charges dismissed, charges pending and charges of which the individual has been acquitted. The term rap sheet refers to Record of Arrest and Prosecution, similar to a criminal record.
A criminal history may be relevant for international travel, and for the charging and sentencing of persons who commit additional criminal offenses. They are also used by potential employers, lenders, and others to assess a person's trustworthiness. Criminal records may also be stored on national databases or crime information centers, where they can be viewed internationally via Interpol.

Australia

Individuals in Australia can obtain a national criminal history to check themselves, and certain organisations can apply for one on their behalf. A person may be required to undergo a criminal record check for a variety of reasons, including employment screening, volunteer work, preparing for a court appearance, visa applications, firearms licensing, or to satisfy a statutory requirement. Individuals can obtain a national criminal history through two ways:
  1. Their local police service.
  2. An Australian Criminal Intelligence Commission – accredited organisations such as employing institutions, or commercial background checking service providers. A list of ACIC accredited agencies is available from their website. Some of the commercial providers allow online application, real time responses, and online verification.
The Working With Children Check, which is used to screen workers and volunteers in child-related work, is a specific check for those whose criminal records are deemed to pose a high risk to children.

Austria

In Austria, criminal records and "Strafregisterbescheinigungen" are maintained by the Register Division of the Federal Police Directorate of Vienna.
In order to access a criminal record in Austria, a person must complete a form with relevant identification and pay a fee. Requests for a criminal record certificate can be taken to police stations and will be processed and provided to the applicant immediately, when requested at most main state police departments. If requested at an office that does not have direct access to the register of criminal records then this may take longer and the certificate will be sent to the applicant by official government post. The application must be made in person by the applicant. A regular criminal record can also be applied for, and received digitally signed, online using the ID Austria electronic identification service.
In Austria, a request for a criminal record certificate can come in two forms – restricted and unrestricted disclosure. An application at the request of a future employer will be issued a restricted disclosure, which only contains unexpunged convictions and may not include less serious convictions. An unrestricted disclosure certificate is exclusively for specific state agencies, and, even then, is only issued in specific circumstances. This type of criminal record certificate contains details of all convictions.
All criminal offences are recorded on the Criminal Register. Convictions are removed from the Criminal Register upon expiry of the penalty, which generally occurs when the penalty ends, but can extend to up fifteen years after the penalty has been completed. The only exception is life sentences which are not removed from the Criminal Register.
Austria maintains a sex offender registry; however, this is mainly for law enforcement and intelligence purposes.
There are special criminal records that can be applied for at the request of an employer for work in the following three areas:
  • child and youth welfare
  • care and support of vulnerable individuals
  • critical infrastructure, arms manufacture and trade, and security industry
The former two show any record of convictions against the sexual integrity and/or self-determination and/or court bans that have been entered into the criminal record. The latter includes any convictions for terrorist offences, genocide, crimes against humanity and more. For these special criminal records the expungement of convictions is delayed.

Belgium

In Belgium, there is a national central criminal record system which records, keeps and modifies data related to penal decisions. The criminal record system is maintained by the Federal Public Service Justice.
The criminal records held within the central system contain the following data: criminal record number; name, surname and given name; date and place of birth; gender; residence; profession; nationality; court; number of judges; degree of jurisdiction; reference, number and date of judgement; date of transmission to central criminal record; sentence pronounced, place and date of the criminal acts.
The central system contains records of
There is no record of dismissed cases or verdicts of not guilty.
To access their own criminal record, a person can seek it from their local police authority or send a written request to the Federal Public Service Justice. In terms of public access to criminal records, the following persons and judicial and administrative bodies may be able to gain access to records through the Federal Public Service Justice.
  • Corporations: corporations, association, etc.
  • Individuals when the document should be used abroad
  • Foreigners for the period of their stay in Belgium
  • Specific categories
Two kinds of erasure exist in the Belgian system: The real erasure is the disappearance of the conviction, and applies only to police sentences. For all other sentences, a system of "no mention" applies, whereby the conviction remains recorded in the central system but is no longer available for access by several categories of people.

Bulgaria

Disclosure of criminal records in Bulgaria is governed by Regulation No 8/26.02.2008 for the Functions and Organisation of the Activity of the Criminal Records Offices. The criminal record system for citizens of Bulgaria are kept in the Criminal Records Office located at every Regional Court in Bulgaria, and the Central Office of Criminal Records at the Ministry of Justice. There are two types of criminal records disclosed in Bulgaria; Conviction Status Certificate, and the Verification of Conviction Status. The Conviction Status Certificate contains personal information about the concerned individual, details of all the convictions and the purpose of the Certificate. This Certificate is valid for 6 months from the date it was issued, and can only be applied for by the concerned individual, relative of individual, legal heir of the concerned individual, or a power of attorney. The Verification of Conviction Status contains personal information about the concerned individual, details of all convictions, including whether rehabilitation was required, and information about all imposed administrative sanctions. There is no term of validity for this status; however, it can only be issued for an official purpose by governmental or law enforcement authorities. These records can be accessed through application to the Central Office of Criminal Records. The cost is approximately €2.60.
The Bulgarian Penal Code allows the removal of conviction data for individuals, known as the 'rehabilitation of individuals'. This can be awarded by a court of law given that the individual has demonstrated good conduct, and has compensated any damages. A second type of rehabilitation is known as rehabilitation de jure which enacts new legislation. This can occur if the individually has been sentenced conditionally, the individual has been sentenced to up to three years' imprisonment and has not committed any other crimes punishable by imprisonment, the individual was sentenced to a fine, public reprimand or deprivation of civil rights, and they have not committed another crime the year following. Additionally, judgments are removed from a criminal record after the sentence has been served and the following time has elapsed:
  • For life imprisonment without substitution or life imprisonment: 20 years
  • For imprisonment of over 10 years: 15 years
  • Imprisonment between 3 and 10 years: 10 years
  • Imprisonment between of less than 3 years: 5 years
  • All remaining cases: 2 years

    Canada

In Canada, criminal records are stored in Criminal Records Information Management Services, a centralized database operated by the Royal Canadian Mounted Police under the Canadian Police Information Centre since 1972. The database includes all convictions for which a pardon has not been granted, all charges regardless of disposition, outstanding warrants and charges, all judicial orders and other information that might be of interest to police investigations.

Screening

There are two types of criminal record checks: standard and vulnerable sector. Vulnerable sector is defined under the Criminal Records Act as minor andThere are 4 levels of standard criminal record checks—levels 1 to 4. Level 1 is the most basic check and level 4 being the most extensive. Criminal record checks can only be done with the consent of the individual. Due to the sensitive nature of CPIC, only police agencies are authorized to conduct a criminal record check, with the exception of BC Ministry of Justice.
  • Level 1: Records of criminal convictions for which a pardon has not been granted
  • Level 2: Level 1 + outstanding charges that the police force is aware of
  • Level 3: Level 2 + records of discharges which have not been removed
  • Level 4: Level 3 + check on local police databases, court and law enforcement agency databases. The vulnerable sector screening includes a level 4 check plus any sexual offences and convictions for which a pardon was granted.
In the event that the name and date of birth of the applicant matches any sexual offence record in the system, he/she is required to submit fingerprints to the RCMP for a physical confirmation. Criminal record check is an integral part of the process for obtaining security clearances regardless of level of access. Some provinces may require high-risk professions to be screened to ensure public safety. For example, the BC Ministry of Justice requires all healthcare professionals, practicum students in healthcare, childcare facilities staff and volunteers, school and hospital staff regardless of position to undergo a CRC via the Criminal Records Review Program.