However, there still remain some restrictions on access to this register, including protecting access to information on the criminal records of minors. Estonia do not have a public register for sex offenders, as the Punishment Register which is available for public viewing is viewed to be sufficient by The Minister of Justice. The Minister, Hanno Pevkur, was quoted as saying:.
Every person has the right to request data on others from the Punishment Register, which has a separate search option for accessing information concerning crimes committed against minors Since , the police in Estonia have the power to check up on sex offenders who have completed their punishment. It was implemented in April The ECRIS was brought about in order to simplify the exchange of information relating to the criminal records of European citizens.
Intended to counterbalance the relatively new ease with which individuals can move between States, it is a mechanism of ensuring that individuals are not able to escape their criminal records by merely travelling across a border. The underlying rationale is that technological advancements in transport services which have given individuals the ability to easily move between European States should not amount to an ability to expunge their own criminal records.
This is particularly important given that most domestic courts in European countries place significant weight on offenders' past convictions during criminal sentencing for example, under s 1 of the Powers of Criminal Courts Sentencing Act UK . The EU State to which an offender is a citizen is the central repository of all criminal information relating to that offender.
Rather, it acts as a platform that connects the central database of each State. The name of the certificate of criminal record in Finland is titled: "Extract from the Criminal Record and Security Clearances". Finnish criminal record checks can come in different forms by way of different types of certificates. An Extract from the Criminal Record can be applied for only by individuals. Commonly issued for those whom have regular contact with children, it contains information that is relevant to the specific type of employment. Another type of certificate which is issued for visa, work or permit applications is the Criminal Record Extract for a Visa Application.
The final type of certificate is the Security Clearance Check whereby companies within the UK who have a branch office in Finland can apply for security clearance checks on prospective employees. Three levels of check are provided limited, basic and extended. Individuals cannot apply for this certificate and certain conditions must first be met by employers before applying to the Finnish Police, including obtaining the written consent from the individual before application.
The categories of criminal conviction contained within the Extract from the Criminal Record includes those involving offences against children, sexual offences, violent offences and narcotics offences. Any other convictions not relating to these categories will not be included on the certificate.
The Criminal Record Extract for a Visa Applications contains information pertaining to custodial or suspended sentences, community service, fines, juvenile punishments, and overseas decisions against Finnish citizens or permanent residents. The length of time convictions are kept on the record varies according to type of conviction.
Convictions will be removed from a criminal record after 5 years suspended sentences, fines, and community service supplementary to a suspended sentence , 10 years custodial sentences less than 2 years, community service or 20 years custodial sentences between 2—5 years. If no recent convictions have been added to an individual's records, judgments will be removed upon death or when the individual reaches 90 years old. There are multiple avenues in which an individual can obtain a criminal record check in Finland including applying online, by fax, post or email. An individual can also apply in person to the Legal Register Centre Oikeusrekisterikeskus , which is the department responsible for the criminal record.
The certificate can be expected to be received within approximately seven working days, taking into account postage time. As proscribed by Finnish legislation, extracts from criminal records can be transmitted to police authorities of the International Criminal Police Organisation ICPO , to police authorities, or to non-ICPO states on the grounds that it is to uphold public law, investigate and prevent criminal activity or to serve justice and social order.
The criminal records of all French citizens are maintained through an electronic register manned by the Ministry of Justice. The register is a collection of all sanctions and convictions from all penal courts since and remains the source for all aspects of criminal record disclosure in the state. Generally speaking, the disclosure of a criminal record is only released to the individual who committed the offense and only when that individual has handed power of attorney to another or they are declared legally incompetent may another successfully apply to receive the disclosure. Perspective employers are not allowed access to disclosure at any time.
Applications can be submitted online, via email, in person or by post of fax but are limited to the CJN. Criminal record certificates cannot be accessed through a French consulate or embassy at any time. The three types of criminal bulletin: . Crimes that can be disclosed through the certificate of criminal record: . Removal of Offences from the Record Judgements against an individual are not published on a Bulletin 3 certificate once the rehabilitation period has passed depending on the severity of the conviction either three years for misdemeanours or five years for felony crimes, after the sentence was completed.
France has a sex offenders registry but unlike systems such as the United States, does not allow the public to access information regarding the information of cases and individuals who have been convicted of sex crimes, nor does France require the community to be notified of the presence of a sex offender in their neighbourhood as is obligatory in some other countries.
France in particular takes into account the need for rehabilitation as well as the need for public safety. Justice Minister Dominique Perben stated "On the one hand, we must improve medical-psychiatric follow-up for these individuals and on the other hand, we must put in place a system that allows us to know where they are so we can help investigators do their jobs" in response to the soaring number of convictions for sexual offences in In Greece , criminal records are written certificates where entries are created according to the legal provisions provided for in Articles of the Greek Code of Criminal Procedure CCrP.
An Independent Department of Criminal Records exists within the Ministry of Justice and operates as the central authority, able to supervise the criminal record system in Greece. According to provisions contained within Article Each criminal record certificate has two components: the first regarding the individuation of the person and the second consisting of the content of the person's prior criminal acts.
Specifically, Article These certificates of criminal records will no longer be in effect, according to Article , under the following conditions:. In the aforementioned cases, the certificates are destroyed upon the validity of the reasons provided. The full and detailed records of a one's criminal past can be available to a certain range of individuals and authorities, under the terms 'general use' and 'judicial use'.
Under Article , general use dictates criminal records will and can be supplied for prospective members of the Bar, future notaries and chartered accountants as they are a prerequisite for registration. Germany has a criminal record system holding all the information regarding past offences and sentences. The information is maintained by the Federal Central Criminal Register Bundeszentralregister , which is in turn subordinate to the Federal Ministry of Justice.
Once a person turns 14, they are able to request their own criminal record. One's criminal record can be viewed by any member of the public at request, as long as they provide ID and purpose of the disclosure. The information in the criminal record certificate includes prior offences, court citations and convictions. According to the severity of the committed crime and, more importantly, the received sentence, most entries are deleted after 5, 10, 15 or 20 years, respectively.
The only sentences exempt from this rule are life imprisonment, preventive detention and commitment in a mental hospital. Unlike other countries listed on this article, Hong Kong authorities do not allow for access to criminal records by employers or school purposes. To pardon persons convicted of criminal offences or commute their penalties".
Criminal records are not purged regardless of time or seriousness of the case. A criminal database exists in Hungary which is allowed for under the 85th Act of on the criminal database and the official certificate of criminal record. Investigative authorities, public prosecutors offices and criminal courts all contribute to the databases. For people imprisoned for an intentional offence, data will be removed 15 years after their release. If the offence was committed recklessly, then the data will be removed 5 years after release  The data is not publicly accessible, but a person can obtain the data held about themselves upon request.
However, section 4 of the Data Protection Act allows individuals to make a formal request in writing to the Garda Criminal Records Office to access personal data held about them. Additionally, a third party may also be able to access your personal data on your behalf. In Ireland, criminal convictions remain on the criminal record system for life if the offence was committed after the individual turned 18, as there are currently no legislative provisions which provide for the expungement of criminal convictions.
Ireland remains the only country in the EU and one of the only countries in the Council of Europe area to not have such legislation. However, under Section of the Children Act , offences committed by those under eighteen years of age can be expunged from the record once certain conditions are met: where a person has been found guilty of an offence and:. In other words, your conviction will become spent.
There is no official sex offender registry in Ireland. Italy has a criminal record system held at the Criminal Records Bureau in Rome, governed by the department of Justice. Who can apply? Anyone who is an Italian citizen or is a non-citizen but has resided in Italy for a significant period of time can apply to see the records at the criminal records bureau or at one of their offices located in Italy.
They can also apply from the UK.
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What is included in the information in which they receive? Penal Certificate — details of all criminal offences, court hearings and outcomes. Civil Certificate — contains information regarding bankruptcy, mental competency, and information regarding expulsion from Italy. General Certificate — Similar to Penal Certificate but also includes any information regarding expulsion from Italy. Information that is included includes, full name, date of birth, place of birth, reason for request, type of request.
Can someone get their record expunged? Yes, Generally speaking, the record of an individual is expunged once the individual reaches 80 years of age or death. As the Italian system hold information regarding pending trails, once the guilty verdict is confirmed, it can take 3—10 years for their record to be expunged.
Information relating to the criminal records of Latvians is held at the Information Centre of the Ministry of the Interior. The aim of this Centre — through the collection of information relating to crime — is to facilitate and investigate the most effective ways in which crime can be prevented to ensure public safety. If a Latvian individual needs a certificate of their criminal history, they can electronically request this through www. They may need this record of their criminal history to submit to employers, study overseas or enter into marriage.
This record can only be obtained in person at the Ministry of Interior Information Centre or it can be received through registered mail. Therefore, information about an offender's criminal history is not accessible to all members of the public. In accordance with Latvian law, most criminal records are terminated after several years. The amount of time for this to occur is dependent on the nature and scope of the legal sanction for that crime.
These cancelled records are still held in Information Centre records, and are readily available if the individual involved authorises the disclosure of the entire record. It is administered by the IT and Communications Department of the Lithuanian Ministry of the Interior which was appointed as the processing body in charge of ensuring the proper functioning and data management of the Register.
The register maintains records provided by the courts, pre-trial investigation institutions, national and local prosecution services, the prison department and the police criminal investigations centre. The Department also collects and accumulates information received from foreign countries on the convictions of Lithuania in these countries.
With the consent of the individual, the Ministry of the Interior provides individuals and third parties with two types of disclosure: a Personal Certificate, containing information about unspent convictions only; and a Personal History Statement, comprising a full criminal record disclosure both spent and unspent convictions.
In Lithuania, judgments will be removed from the Register immediately after the completion of the sentence, depending on the seriousness of the sentence. For high-risk recidivists 10 years from completion of sentence , very serious offences 8 years , serious offences 5 years , less serious offences 3 years , suspended sentences immediately on completion of sentence.
In cases of minors, convictions incurring custodial sentences remain unspent for half the period of time stated above.
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The criminal record system in Luxembourg is maintained under the authority of the State Prosecutor General. It contains information about convictions from Luxembourg criminal courts and, under certain conditions, foreign courts. For a person with a clear criminal record, access to it is free and they may access it by email or post. For those with convictions, a fee applies and should present personally to the City Criminal Court for their extract.
Requests can be made in writing if outside the country or in person at the Malta Police Headquarters in Floriana.
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According to Conduct Certificate Ordinance,  Chapter 77 of the Laws of Malta,  a court order is required to issue a Conduct Certificate of someone other than the person which it refers to. Information contained in the Conduct certificate includes a declaration of whether the person is in good conduct or a declaration containing the convictions recorded against the person. In Malta there is provision under the Probation Act for conviction to be removed from the criminal record. Criminal records are kept for a maximum of 10 years.
Malta has recently introduced a sex offenders register. The legislation which enacted the introduction of the register is the Protection of Minors Registration Act The application will then be heard in court. The Act states that it is a criminal offence to employ a registered person into an entity which deals with education, care, custody, welfare or upbringing of minors.
Technically spoken all Dutch people do have an empty criminal record. A criminal record will be created after sentencing because of a violation or crime. The record will exist for 5 years in case of violations or 20 years for crimes. If the sentence is three years of imprisonment or longer, 30 years will be added at the time the criminal record will be stored. A traffic violation according to the Mulder law will not be stored in a criminal record, unless there will be a trial.
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Normally the traffic fine is given by a police officer, and the payment is generally done by banking. There won't be a trial, nor an addition in a criminal record. In case of sexual crimes article b the criminal record will be destroyed after 80 years. For a person to be eligible to join certain professions, it may required that the person not have a criminal record or to pass an ethics review based upon the nature and seriousness of any past convictions.
Professions that may not be open to those with criminal records or serious convictions include legal practice, teaching, and law enforcement. A foreign national with a criminal record may be prevented from getting a visa to enter the country. The VOG will be given if the person:. There is a criminal register for the Netherlands. The Netherlands took part in the Network of Judicial Registers pilot project, with 10 other countries, exchanging information on criminal records electronically.
This was brought about in order to reduce the manual labour associated with the previous system. Judicial Documentation Data can be requested firstly by the individual involved. Within four weeks, the individual can be told verbally of the information included in the Judicial Documentation. The law prohibits the provision of written information.
If necessary for state security purposes, the information can be refused. Judicial data can be given to: Court officials for use in court proceedings, staff members at the office of Public Prosecutor, the Board of Procurators General, individuals and agencies not involved with criminal procedure if they serve a public function and if it serves the public interest. Conduct Certificate is a statement by the Minister of Justice, that there are no objections to the individual in question practicing a certain profession or occupying a certain position.
Judicial data on criminal offences are kept for 30 years after the criminal sentence has become irrevocable. Extensions can occur for non suspended prison sentences, mental hospital orders and youth detention. Data involving Minor offences are stored until five years after the irrevocable settlement of the case — extended to ten years if the individual was sentenced to prison or community service. Eighty years after the birth of the individual, all data is removed. A sex offenders register under the name of ViCLAS Violent Crime Linkage Analysis System  allows for links to be made between national and international crimes and possible offenders.
Data is not removed until 20 years after death of individual in question. In New Zealand , criminal records are administered by the Ministry of Justice. Under the Criminal Records Clean Slate Act , records are automatically hidden from the public for less serious offences, if the individual has had no convictions for at least seven years and meets the other criteria of the act. An individual can request either their current Clean Slate or complete criminal record through the Ministry of Justice, or provide authorisation for a third party e.
It is illegal, with some exceptions, for a third party to request a complete criminal record. Article 7 1 further states that data is only accessible to persons who fit certain criteria. Data can only be transferred to other entities, such as other law enforcement agencies, if their data protection meets the same standards, and if it is necessary for the public interest, or for the establishment of a legal claim Article 47 4.
As per the Act on the National Criminal Register , the length of time an outcome remains on the National Criminal Register is as follows:. The exception to this is where an individual is convicted of a sexual offence against a minor under the age of 15 years; in these circumstances, the conviction remains on the National Criminal Register permanently. The National Criminal Register also includes information on collective entities or publicly registered organisations.
A person can obtain a copy of their criminal history from the National Criminal Register, by contacting the central information office of the KRK in Warsaw , or information points of the KRK located within Polish common courts. An employer may also apply directly for disclosure in relation to a prospective employee if this is permitted under Polish laws or regulations for example, in relation to employment in the security industry or employment involving contact with children.
The written consent of the individual is not required. The National Criminal Register Information Office provides individuals and employers with disclosure in one of two formats: as an Inquiry about an Individual "Zapytanie o udzielenie informacji o osobie" in the event that no disclosable convictions are found; or a National Criminal Register's Information about an Individual "Informacja o osobie z Krajowego Rejestru Karnego" in the event that disclosable information exists.
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Poland also participated in the pilot project for 'Network of Judicial Registers', along with ten other EU member states, for the electronic exchange of criminal records among member states. For example, an employer may request to see their possible employee's criminal record with their consent.
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However, the application must be made in person. An extension of this is a more detailed certificate regarding an individual's criminal activities which provides evidence for an individual to be employed in a job where they have access to large sums of cash, need high security clearance or supervise children. The types of criminal convictions that can be exposed through the publishing of the certificate are very similar to that of the United Kingdom and are presented below:.
Portuguese legislation allows for all criminal convictions to be removed from an individual's record once the rehabilitation period has passed. It is determined as follows:. Essentially this legislation allows individuals to move on from their convictions and ensure that they are not socially and economically disadvantaged for the rest of their lives after serving their crimes. However, the governing legislation is only available in Portuguese.
A very contentious aspect of this legislation is that those that commit heinous, sexually based crimes have their records expunged on the same time frame as all other individuals convicted. This legislation issue was brought into the spotlight during the media coverage of the Madeleine McCann case. Law No governs the disclosure of criminal records in Romania. Police stations gather and keep the records of conviction status of individuals born in Romania, and it is their responsibility to keep these records up-to-date.
This type of criminal record disclosure is named the Criminal Records Certificate. These Certificates contain personal information including full name, unique identification number, date and place of birth, most recent address, name of parents, and the details of the committed offence, rehabilitation and extradition information.
To obtain access to a criminal record, an individual must apply directly to the local county police station in person. If the application is approved, results are issued in the form of a Criminal Records Certificate by the Central Inspectorate of the Romanian Police. Only the individual person is allowed to apply for their own record; however, a third-party individual may submit an application only if they have been authorised power of attorney. Judgements are able to be removed from an individual's criminal record if the legislation decriminalising the act for which the person has been sentenced is passed, in the event of amnesty or court rehabilitation, and for imprisonment of up to 3 years after 20 years from the date of the final decision.
There is a centralised criminal record system, there is only one centralised database where the final criminal conviction issued by a Slovak criminal court is registered. This database is in electronic form and is maintained a unit within the General Prosecutors office of the Slovak Republic. The relevant legislation for this is governed by the Act on Criminal Records. Although this database is not public, applications for a criminal records disclosure can be made to the DCREM, anyone who has lived in Slovenia for a significant amount of time may apply for the disclosure of a particular criminal record.
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