In Austria, there is the so-called criminal register, a central database in which all criminal convictions of individuals are recorded. It ensures that information on criminal convictions is accessible to authorities in order to make informed decisions - whether in relation to the granting of firearms licenses, the issuing of passports or in other legal contexts.
But what exactly is behind the criminal record? When is a conviction expunged? And how can those affected ensure that their conviction is no longer used against them? In this blog post, we give you a comprehensive overview of the criminal record, the expungement of convictions and the legal background.
What is the criminal record?
The criminal record is a central collection of data on final convictions handed down by Austrian courts and certain foreign courts. It provides information on whether a person has a criminal record and what convictions have been handed down against them.
A distinction is made between:
- Full information: This contains all convictions that have not yet been expunged.
- Restricted information: In certain cases, only restricted information about a conviction may be provided, and only to certain authorities such as courts, public prosecutors' offices or weapons authorities.
When is a conviction expunged from the criminal record?
Expungement of a conviction means that it is removed from the criminal
removed from the criminal record. Once a conviction has been expunged, it is no longer
no longer listed in a criminal record certificate and authorities are no longer allowed to
no longer provide information about it.
Start of the redemption period
The redemption period begins when the prison sentence or fine imposed has been
or fine has been served in full - or if it can no longer be enforced.
can no longer be enforced. In cases where no sentence has been imposed or it has been served by
served through pre-trial detention, the period begins when the conviction becomes final.
conviction.
How long does the repayment take?
The length of the repayment period depends on the type and
severity of the conviction:
- 3 years in the case of a single conviction to a
fine or imprisonment of up to 3 months. - 5 years in the case of a prison sentence of up to one year or
in the case of a pure fine. - 10 years for prison sentences of more than one year, but
less than three years. - 15 years in the case of a prison sentence of more than three
years or placement in an institution for mentally abnormal
offenders.
In cases where there are several convictions,
the redemption period applies to all convictions together.
Exceptions to amortization
However, there are exceptions where repayment does not take place according to the usual deadlines:
- Sexual criminal law: In the case of unconditional prison sentences for offenses against sexual integrity, the redemption period is doubled or extended depending on the severity of the offense.
- Juvenile criminal law: Young people who are sentenced under the Juvenile Courts Act benefit from shortened redemption periods, which in some cases can be as short as 3 years.
- Untilgbar are convictions to life imprisonment or convictions for particularly serious offenses (e.g. terrorism) that result in a prison sentence of more than 5 years.
What is the criminal record certificate?
The criminal record certificate is an official document that is issued at the request of the person concerned and provides information about the convictions. It should therefore not be confused with the criminal record itself, but is merely a summary of the relevant information. A certificate no longer lists expunged convictions, even if they were previously on the criminal record.
Important: Convictions that fall under restricted information do not appear in the criminal record certificate, even if they have not yet been expunged.
Redemption through a petition for clemency
In some cases, it is possible to apply for early repayment. This is done by submitting an application for clemency to the Federal Ministry of Justice. Such an application can be made if half of the period of redemption has already elapsed. It is checked whether the person concerned has shown a certain degree of rehabilitation and good behavior in the meantime. However, there is no legal entitlement to early expungement. However, the conviction is always deleted from the criminal record after the regular expiry of the expungement period.
Conclusion
The criminal record is used to document criminal convictions and has far-reaching effects on the lives of those affected - from professional disadvantages to restrictions in everyday life. However, the negative entry expires upon expungement, and in many cases those affected can make a "fresh start". The exact duration of repayment is regulated by law, and early repayment is also possible in certain cases.
Would you like to know how to apply for a certificate of criminal record or apply for a pardon? I will be happy to help you.