A criminal record or police record is a person's criminal history record. The information included in criminal records and the existence of criminal records varies between countries and even between jurisdictions in a country. In many cases, the list of all non-expired criminal offenses and may also include traffic violations such as speeding and drunk driving. In some countries, the record is limited to true beliefs (where individuals have pleaded guilty or been convicted by a qualified court), while in other countries it includes arrests, dismissed allegations, pending indictments and indictments for which individuals have been discharged.
The criminal history can be used by prospective employers, lenders, and others to assess someone's worth. The criminal record may also be relevant for international travel, and for the imposition and punishment of persons committing additional criminal offenses.
Video Criminal record
Australia
Individuals in Australia can obtain a national criminal history to examine themselves, and certain organizations may apply for one on their behalf. A person may be required to undergo an examination of a criminal record for various reasons, including job screening, volunteer work, preparing for court appearance, visa application, firearm license, or to comply with legal requirements. Individuals can obtain national criminal history in two ways:
- Their local police service.
- The Australian Criminal Intelligence Commission (ACIC) - accredited organizations such as employing agencies, or commercial background checking service providers. A list of ACIC accredited agencies is available from their website. Some commercial providers allow online apps, 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 special check for those whose criminal records are considered high-risk for children.
Maps Criminal record
Austria
In Austria, the criminal record and "Strafregisterbescheinigung" (certificate of criminal record) are maintained by the Register Division ("Strafregisteramt") of the Vienna Federal Police Bureau ("Bundespolizeidirektion Wien"). To access criminal records in Austria, one must fill out a form with relevant identification and pay a fee (in July 2014, currently 28.60 Euro, or 16.40 Euro if it is for work purposes). A request for a certificate of criminal record may be taken to the police station and will be processed and provided to the applicant immediately, or one may request a hard copy to be posted to an address in Austria. In Austria, the request for a certificate of criminal records can be in two forms - unlimited and unlimited disclosure. Requests at the request of future companies will be issued with limited disclosure, which contains only unexploited beliefs and may not include less serious beliefs. A certificate of disclosure is not exclusively limited to certain state institutions (eg, firearms licensing, military and law enforcement agencies), and, even then, only issued under certain circumstances. This type of certificate of criminal record contains details of all beliefs. All criminal offenses are recorded in the Criminal List. Confidence is removed from the Criminal List after the end of the sentence, which generally occurs when the penalty expires, but may extend to fifteen years after the penalty has been completed. The only exception is a life sentence that is not removed from the Criminal List. Austria has a registry of sex offenders, but this is only for law enforcement and intelligence purposes.
Belgium
In Belgium, there is a national central criminal record system that records, stores and modifies data related to sentencing decisions. The criminal record system is maintained by Federal Public Service Justice. Criminal records kept in the central system contain the following data: the number of criminal records; name, last name, and given name; Date and Place of Birth; gender; residence; profession; nationality; court; number of judges; jurisdictional level; reference, number and date of assessment; the date of delivery to the central criminal record; sentences pronounced, place and date of a criminal offense. The central system contains records
- a) Criminal penalties for all offenses;
- b) A guilty penalty accusing a convicted person of probation;
- c) Decision of revocation of prior categories;
- d) Legal decisions concerning the confinement of ill-treated offenders;
- e) Deprivation of parental rights, and reintegration, as well as some actions concerning minors who are naughty;
- f) Several decisions that overturned the previous decision;
- g) Some revocation decisions;
- h) Decisions that rectify or interpret the law that has been decided by that belief;
- i) Decision of rehabilitation;
- j) Decision on pardon;
- k) Decision of parole;
- l) Decisions of foreign jurisdiction about Belgian citizens;
- m) Sentences that accompany the main sentence, additional sentences, 'security measures', and suspended sentences
There are no records of cases being fired or innocent verdicts. In order to access their own criminal records, one can look for them from the local police authority or send a written request to the Federal Public Service Justice. In the case of public access to criminal records, the following persons and the judiciary and administrative bodies may be able to gain access to recordings through Federal Public Service Justice.
- Corporations: companies, associations, etc.
- Individuals when documents must be used overseas
- Foreigners during their stay in Belgium
- Custom categories (such as diplomats)
Two types of abolition are in the Belgian system: The real elimination is the loss of confidence, and only applies to police penalties (small fines and 8 days imprisonment or less). For all other sentences, the "not mentioned" system applies, where confidence is still recorded in the central system but is no longer available for access by multiple categories of people.
Bulgaria
The disclosure of criminal records in Bulgaria is governed by Regulation No. 8/26.02.2008 for the Functions and Organization of the Activities of the Criminal Notes Office. The system of criminal records for Bulgarian nationals is deposited in the Criminal Procedure Office located in every District Court in Bulgaria, and the Headquarters of Criminal Records in the Ministry of Justice. There are two types of criminal records expressed in Bulgaria; Certificate of Acknowledgment Status, and Verify Status Conviction. The Conviction Status Certificate contains personal information about the individual (full name, personal identification number, date and place of birth, nationality, parent's name), details of all beliefs and purposes of the Certificate. This certificate is valid for 6 months from the date of issuance, and may only be applied by the individual concerned, individual relative, legal heirs of the individual concerned, or power of attorney. Verification Status Conviction contains personal information about the individual concerned (full name, personal identification number, date and place of birth, nationality, parent's name), details of all beliefs, including whether rehabilitation is required, and information about all administration subject to sanctions. There is no validity term for this status, but may only be issued for official purposes by law enforcement or government authorities. These records can be accessed through the application to the Criminal Notebook Headquarters. It costs around EURO 2.60.
The Bulgarian Criminal Code allows for the removal of confidence data for individuals, known as 'individual rehabilitation'. This can be provided by a court of law considering that the individual has shown good behavior, and has compensated for any damages. The second type of rehabilitation is known as de jure rehabilitation that passes a new law. This can happen if the individual has been condemned conditionally, the individual has been sentenced to up to three years in prison and has not committed another crime punishable by imprisonment, the person is punished by fines, public warnings or civil rights deprivation, and did not commit another crime the following year. In addition, the judgment is removed from the criminal record after the sentence has been delivered and the next time has elapsed:
- For life imprisonment without substitution or life imprisonment: 20 years
- For imprisonment of more than 10 years: 15 years
- Imprisoned between 3 and 10 years: 10 years
- Imprisonment of less than 3 years: 5 years
- All remaining cases: 2 years
Canada
In Canada, criminal records are kept in Criminal Records Information Management Services, a central database operated by the Royal Canadian Mounted Police under the Canadian Police Information Center (CPIC) since 1972. This database covers all beliefs that pardons have not been granted, all costs are released of dispositions, warrants and extraordinary charges, all court orders and other information that may be of interest to police investigations.
Screening
There are two types of criminal record checks: standards and vulnerable sectors. The vulnerable sectors are defined under the Criminal Records Act as minor (less than 18 years) and
persons who, because of their age, disability or other circumstances, whether temporary or permanent, (a) are in a position of dependence on others; or (b) are otherwise at greater risk than the general population harmed by persons in positions of authority or belief associated with them.
There are 4 levels of standard criminal record checks - levels 1 through 4. Level 1 is the most basic and the most extensive 4th examination. The examination of criminal records can only be done with the consent of the individual. Due to the sensitive nature of the CPIC, only the police agencies are authorized to conduct criminal record checks, with the exception of the Justice Ministry BC.
- Level 1: Record of criminal punishment for which no forgiveness has yet been granted (CPIC Level 1 Query)
- Level 2: Level 1 extraordinary bills known to the police (CPIC Level 1 Query Persons Query)
- Level 3: Level 2 unencried debit records (all costs regardless of disposition) (CPIC Level 2 Query Persons Query)
- Level 4: Level 3 checks local police stations, courts and law enforcement agencies (also known as "Police Check Checks") Vulnerable sector investigations include grade 4 checks plus sexual offenses and any beliefs granted.
In the event that the name and date of birth of the applicant match any record of sexual offenses in the system, he must send a fingerprint to the RCMP for physical confirmation. The examination of criminal records is an integral part of the process for obtaining security clearance regardless of access level. Some provinces may require high-risk professions to be screened to ensure public safety. For example, the BC Justice Ministry requires all health care professionals, health practitioners, child-care facility staff and volunteers, school staff and hospitals regardless of the position to undergo CRCs through the Criminal Records Review Program. Many Canadian universities require the Criminal Document Examination or other screening procedures (eg Child Abuse Check List, Vulnerable Sector Screen) as a condition of admission to the program.
Pardon
A criminal offense may be forgiven either by the Canadian Governor-General, Parole Board of Canada or by an order-in-council by the federal government, as determined by the crimes involved under the Criminal Records Act. Pardon has been renamed to a suspension of records under Bill C-10, otherwise known as the Omnibus criminal bill or by its official name The Safe Streets and Communities Act, introduced by the Conservative government in 2011. The change officially came into force on March 13, 2012. By 2017, two provincial high courts dismiss the retroactive nature of this change as unconstitutional. As a result, the current pardon is granted to residents of BC and Ontario who were punished before 2012.
Chile
In Chile, citizens can request their own criminal records at the Civil Registry or Registro Civil office. According to Article 19 N ° 16 of the Chilean Constitution, an employer can not discriminate on anything other than personal ability to perform the work offered. A person can delete a person's criminal record with a voluntary examination, signing you two years for the first offense, or five years for more. A person must be a complaint of the conditions provided by law no. 409.
Croatian
Croatian Criminal Code: The State Gazette of the Republic of Croatia "Narodne novine" entered into force on 1 January 1998.
Under Article 86, criminal record data may only be granted to the court and the State Prosecutor's office when a criminal case is filed against that person. Government agencies may access this data on sensible requests and must relate to certain tasks in the public service to be entrusted to the person who requested the information. Police can also gain access with the aim of finding offenders. Other members of the general public have no right to demand that citizens submit a record of their beliefs. Citizens have the right to access data from their own criminal records, provided only that the purpose is to exercise their rights in another country.
Certificate of criminal record is issued from Department for Criminal Records. In order to be removed from any creed from a criminal record, Article 19 of the Law on the Legal Consequences of Conviction, Criminal Rehabilitation and Records (Official Gazette 143/12) needs to be referred.
Cyprus
In Cyprus, the criminal record is held by the Criminal Police Investigation Office of Cyprus which is part of the Republic of Cyprus Minister of Justice and Order. Clear Criminal Notice Certificates or Existing Criminal Notes may be requested by an individual through an application to the Criminal Investigation Office. Applications can be made by themselves at the Central Police Station in Nicosia. Criminal records in Cyprus are maintained for life.
Cyprus introduced a law in 2014 that allows for the creation of a list of sex offenders. The law also provides for the inclusion of a larger EU sex offender registry. There are different procedures and protocols for the Turkish Republic of Northern Cyprus.
Czech Republic
The Czech Republic takes part in the Pilot Register Pilot network of networks, with 10 other countries, exchanging information about criminal records electronically. The Czech Republic's record system is a computerized system. Information on criminal records is stored in the Criminal Notice Office in Prague - which is state funded and can be found at the Justice Ministry's offices
Individuals may request Quotes from the Penal List for personal access only. Applications may be made from the embassy of the Czech Republic, as well as by prospective employers for persons who have become residents or citizens of the Czech Republic. Data on criminal records of companies can be accessed by the general public. The length of time someone is in the criminal record system. Criminal detainees remain in record for an indefinite period. Under certain circumstances, the Court will decide the sentence after 15 years in extraordinary punishment, 10 years if there is a sentence of sentence not exceeding 5 years, 5 years if imprisonment does not exceed one year.
Denmark
The Danish criminal record certificate is entitled "Privat Straffeattest" and is the responsibility of the National Police Authority (Rigspolitiet). The Danish Data Protection Agency regulates legislation in relation to criminal records and provides certain restrictions. The criminal allegations on the certificate include all violations of the Danish Criminal Code. There are various time frames for which confidence persists on individual criminal records. For example, fines remain recorded for 2 years from the date of payment, unconditional conviction for 5 years from the date of release from prison, and a 3-year reprieve from the date of the guilty verdict. The longer conviction will be solved from the record.
To obtain an examination of a criminal record in Denmark, an individual or a third party (by written consent) may apply directly at the local police station or via email to the State Police Authority. Available languages ââfor certificates include English, German, Danish, French and Spanish where there is no confidence. When there is confidence, the only language available for the certificate is Danish. These certificates are free and turnaround ranges from direct access to 2 days. Denmark does not allow the transfer of criminal records to foreign authorities or to the Europol database for storage.
In Denmark, child sex abuse information is contained in two registers, the National Patient Register and the Criminal Register. The National Patient Register contains all hospital contacts including inpatient, outpatient and emergency contact contacts. The Criminal Code of Denmark National Crime contains data relating to cases reported to Danish police. Any sexual intercourse with an individual under the age of 15 is prohibited by law because Denmark's age for sexual consent is 15. Cases involving child sexual abuse are classified into three different categories according to the type of offense involved. These groups include incest, sexual offenses (physical or physical assault attempts) and indecent exposure.
Estonian
The database that stores data about individual criminal records of Estonia is known as The Punishment Register, available for access via the Internet. Owned and managed by Estonia's Registration Center and Information System. These valid records are made entirely public. Several cases of minor offenses with major penalties less than 200 Euro, and cases involving minors not published by The Punishment Register.
Since early 2012, data provided for Estonian criminal records is available online. Any individual with a criminal record can access the electronic version of the database to receive this information for free. In order to view information relating to unrelated individuals, a fixed fee must be paid to the Department of Justice of the Republic. Individual names and identification numbers are also required to view their criminal records. However, there are still some restrictions on access to this list, including protecting access to information about criminal records of minors.
- Sign up for sex offenders
Estonia does not have a public register for sex offenders, since the List of Punishments available for public view is considered sufficient by the Minister of Justice. Minister, Hanno Pevkur, was quoted as saying:
Everyone has the right to request data on others from the Punishment List, which has a separate search option to access information about crimes committed against minors... [anyone] can check the registry to see if the history of [a] or not.
Since 2009, police in Estonia have the power to examine offenders who have completed their sentences.
European Union
The European Criminal Information Information System (ECRIS) is a computerized system that allows EU countries to access and exchange information about the criminal convictions of EU citizens in an efficient manner. It was held in April 2012.
ECRIS was created to simplify the exchange of information relating to criminal records of European citizens. Intended to compensate for the relatively new ease with which individuals can move between States, it is a mechanism to ensure that individuals can not escape from their criminal records simply by traveling across the border. The rationale is that technological advances in transport services that have given individuals the ability to move easily among European countries should not mean the ability to abolish their own criminal records.
This is particularly important given that most domestic courts in European countries place a significant burden on prisoners of past criminals during criminal penalties (eg, under s 151 (1) of the Powers of Criminal Courts (Sentencing) Act 2000 )).
The EU country where an offender is a citizen is the central warehouse of all criminal information relating to the offender. Therefore, ECRIS is not a general IT architecture that centralizes all criminal information relating to all offenders. Instead, it acts as a platform that connects the database center of each State.
Developments that allow non-EU countries to utilize and contribute to ECRIS are under current consideration.
Finnish
The name of the criminal record certificate in Finland is entitled: "Extracts from Criminal Records and Secure Distance". In Finland there are various laws governing the use and access to criminal records, some of which include the Finnish Criminal Code 1889, The Criminal Records Act 1993, Background Check Act 2002, and Personal Data Act 1999 chapter 6.
The examination of Finnish criminal records can come in various forms through different types of certificates. Extracts from Criminal Records can only be applied by individuals. Generally published for those who have regular contact with children, it contains information relevant to a particular type of work. Other types of certificates issued for visas, employment or permit applications are Criminal Notice Extracts for Visa Applications. The last type of certificate is the Security Clearance Check where a company in the UK with a branch office in Finland can apply for a security clearance inspection of a prospective employee. Three levels of checking are provided (limited, basic and extended). Individuals may not apply for this certificate and certain conditions must be met by employers before applying to the Finnish Police, including obtaining written consent from individuals before application.
Categories of criminal convictions contained in Extraction from the Criminal Records include those involving violations of children, sexual offenses, violation offenses and narcotics offenses. Any other beliefs not related to this category will not be included in the certificate. Criminal Notice Extraction for the Visa Application contains information relating to custodial or suspended penalties, community services, fines, juvenile sentences, and foreign decisions against Finnish citizens or permanent residents.
The length of time confidence kept in records varies by type of belief. Confidence will be removed from the criminal record after 5 years (additional reprieve, penalty, and community service for suspended sentence), 10 years (custodial sentence less than 2 years, community service) or 20 years (custodian sentence between 2-5 years). If no new belief has been added to an individual record, the assessment will be removed after death or when the individual reaches 90 years.
There are several ways in which an individual can obtain an examination of criminal records in Finland including applying online, via fax, post or email. An individual may also personally apply to the Legal Registration Center (Oikeusrekisterikeskus), which is the department responsible for criminal records. Certificates issued in English, French, German, Spanish, and Swedish will cost around EUR12 - EUR15. The certificate can be expected to be received within approximately seven business days, taking into account delivery time.
Because it is prohibited by Finnish law, extracts from criminal records may be sent to police authorities of the International Criminal Police Organization (ICPO), to police authorities, or to non-ICPO countries on the grounds that it is to enforce public law, investigate and prevent criminal activity or to serve justice and social order.
French
Criminal record
The criminal record of all French citizens is maintained through an electronic list manned by the Ministry of Justice. The register is a collection of all sanctions and penalties from all criminal courts since 1966 and remains the source for all aspects of disclosure of criminal records in the state.
In general, the disclosure of criminal records is only released to the offending individual and only when the individual has submitted a power of attorney to another or they are otherwise legally incompetent, the other successfully applying to receive the disclosure. The entrepreneur's perspective is not allowed access to disclosure at any time. Applications must be made through Citier Judiciare National (National Judicial Record, CJN) and are free of charge. Applications can be submitted online, by email, directly or by fax post but limited to CJN. Certificate of criminal record can not be accessed through French consulate or embassy at any time.
The three types of criminal bulletins:
- Bulletin 1 - Legislative restrictions are only for publication for judicial authorities
- Bulletin 2 - limited to French administrative authorities and private organizations through penal sanctions
- Bulletin 3 - criminal records available only to the individual concerned, is available primarily in French but the translation service is accessible
Crimes that can be expressed through a certificate of criminal record:
- Drug offenses (ownership, trade, attempts to sell)
- Violence against other individuals (murder, attempted murder, assault)
- Sexual violations (sexual violence, sexual coercion, rape)
- Robbery and robbery
- Theft (including ownership of stolen property, attempts to sell stolen goods)
- Fraud (including the number of forgery)
- Criminal damage (vandalism)
- Drive violations and violations
Abolition of Violation from Record Record of a person is not published on Certificate of Bulletin 3 after the rehabilitation period has passed (depending on the severity of the good faith of three years for minor or fifth violation for crime, after the sentence is completed). The confidence record will remain in the system but will not show up on record requests. In the case of minors and children, this is removed from Bulletin 3 after the individual has reached 18 years and/or three years from the date the crime was committed.
Sign up for sex offenders
France has a list of sex offenders, but unlike systems like the United States, it does not allow the public to access information about case and individual information that has been convicted of sex crimes, nor does it require the French public to be informed of the presence of sex offenders in their neighborhood as required some other countries.
France in particular takes into account the need for rehabilitation as well as the need for public safety. Minister of Justice Dominique Perben stated "On the one hand, we must improve medical-psychiatric follow-ups for these people and on the other hand, we must put systems that enable us to know where they are so we can help researchers do their jobs" in response to the growing number of convictions for sexual offenses in 2002.
Greek
In Greece, the criminal record is a written certificate in which an entry is made in accordance with the provisions of the law provided for in Article 573-580 of the Criminal Procedure Code (CCrP). An Independent Criminal Records Department is within the Ministry of Justice and operates as a central authority, capable of overseeing the criminal record system in Greece. According to the provisions contained in Article 573.2 of the CCRP, records shall be deposited for all citizens, regardless of country of birth and even foreigners.
Each criminal record certificate has two components: the first one concerning the individual individuation and the second one consisting of the contents of a person's previous criminal act. Each certificate must contain: information about a person's identity including a father's surname and if they are married, and a final decision endorsed by the court. Specifically, Article 574.2 CCrP states that certificates should record:
- a complete list of any irrevocable convictions issued by the court in which a custodial or money-sanctioned sentence has been applied;
- a complete list of any decisions that bring a minor to jail in an educational institution or action;
- a complete list of penalties imposed by a foreign tribunal, if the acts committed constitute a crime or minor offense under Greek criminal law;
- a complete list of any decision to acquit the defendant due to the inability of individuals to be tried for lack of error or for practical repentance reasons, given that the offense is punishable by a minimum of three months in jail;
- and any court decision suspending the custodial sentence.
The certificates of this criminal record shall cease to apply, under article 578, under the following conditions:
- when the person dies or is at least 80 years of age;
- in cases where the offense is committed as a minor, when the minor is 17 years of age;
- when an order penalizing suspending sentences and suspensions is removed from the certificate five years after the expiration of the suspension;
- If a minor has been serving a penalty in less than one year, the certificate will cease to apply after five years. If the sentence exceeds one year, eight years after the completion of the sentence, the criminal act will be taken from the record, unless a new conviction has been applied for a while;
- if the verdict imposed a financial sentence or imprisonment of up to one month for an intentional offense, or a jail term of up to two months for acts committed by negligence, the criminal record ceases ten years after the sentence has been presented.
In the cases mentioned above, the certificate is destroyed for the validity of the reasons given.
A full and detailed account of a person's criminal past may be available to certain individuals and authorities, under the terms 'general use' and 'judicial use'. Under Article 575, general use dictates criminal records will and may be awarded to prospective Bar members, future notaries and charter accountants as they are a prerequisite for registration.
German
In Germany, the certificate of criminal record ( FÃÆ'ührungszeugnis ) is issued by the Federal Office of Justice (Germany) ( Bundesamt fÃÆ'ür Justiz ). Germany has a criminal record system that stores all information about past abuses and penalties. This information is administered by the Federal Central Criminal Register (Bundeszentralregister ), which in turn is subject to the Federal Justice Ministry. The registry is updated daily and stores information about about 6.3 million individuals.
After a 14 year old person, they can request their own criminal record. A person's criminal record may be seen by every member of the community upon request, as long as they provide ID and disclosure purposes.
The information in the criminal record certificate includes previous offenses, court quotes and confidence. According to the severity of the crime committed and, more importantly, the penalties received, most of the entries are removed after 5, 10, 15 or 20 years, respectively. The only sentences that are excluded from this rule are life imprisonment, preventive detention and commitments in mental hospitals.
Hong Kong
In Hong Kong, criminal records are maintained by Hong Kong Police. Unlike other countries listed in this article, Hong Kong authorities do not allow access to criminal records by employers or school destinations. The Chief Executive of Hong Kong has the sole power to condone the offenses committed in Hong Kong under article 12 of article 48 of the Hong Kong Constitution. "The Chief Executive Officer of the Special Administrative Region of Hong Kong will exercise the following powers and functions... To pardon a person convicted of a criminal offense or to punish them".
Spent note
The criminal record is not cleared regardless of the time or seriousness of the case. However, under the Rehabilitation of Offensive Ordinance (HK Laws Chap 297), criminal records are considered 'spent' if it is a first criminal offense, sentenced to less than 3 months in jail or fined less than $ 10,000 and a period of 3 years has passed since the conviction and no new beliefs are registered with that person. The recorded records are recorded as such with the exception of:
- Trying to get a license as a lawyer, attorney, accountant or insurance broker
- Applying to be a guardian or controller for the Obligatory Fund or controlling bank, executive or employee
- Disciplinary proceedings against judicial officers, disciplinary service members, probation officers, employees of the Monetary Authority of Hong Kong, Authority of Mandatory Provider Funds, Office of Insurance Commissioners (insurance officers) and Securities and Futures Contracts (executive class only)
- Disciplinary proceedings against government officials paid on the Directorate or Directorate (Judicial/Legal Group) Payment Scale and point 27 above on the Payment Scale Master
All Hong Kong residents who plan to adopt children or travel/emigrate to other countries may request a Certificate of No Crime - a document issued directly to the Consulate and/or government agency and not to the applicant. An existing record appears on the certificate with annotations that the record is spent under Hong Kong law.
Hungarian
Criminal databases exist in Hungary that are permitted under Law 85 of 1999 on criminal databases and official certificates of criminal records. There are 5 different databases, perpetrator databases, databases of those under coercive action, databases of those under criminal procedures, fingerprint databases, palm prints and photographs and DNA profile databases. Therefore, not only is there information recorded for those who already have criminal sanctions against them, covered by the database of offenders, but also for those who are in pre-adjudication detention (database for those under coercion) and they who is suspected and accused of crimes (database for those who are under criminal procedure). The Headquarters for the General Administration and Electronic Services (COAEPS) of the Ministry of Home Affairs operates, manages and maintains the database. The investigative authorities, the prosecutor's office and the criminal court all contribute to the database. The amount of time a person's information is held on these varied databases. For people imprisoned for deliberate infringement, data will be removed 15 years after their release. If the violation is done carelessly, then the data will be removed 5 years after the release. Data is inaccessible to the public, but one can obtain the stored data about itself upon request.
ireland
The criminal record system for Ireland exists in the form of an information database system held by the Garda Criminal Notice Office as part of the SÃÆ'ochÃÆ'ána Guard (national police). This information is owned and maintained by the Gardaa as part of their primary function in dealing with crime and protecting civilians.
The data held by GardaÃÆ' is not available publicly. However, section 4 of the Data Protection Act allows individuals to make formal written requests to the Garda Criminal Notice Office to access personal data stored about them. In making this official request, the individual must provide sufficient information to establish their identity and ensure that Gardaa can locate their files and ensure that personal data is provided to the right person. Sufficient information includes: full name, correct date of birth, other names used, current addresses and previous addresses in Ireland, a copy of your passport, driver's license or birth certificate and a fee of EUR6.35.
In addition, third parties may also access your personal data on your behalf. However, this requires a third party to satisfy their identity Guard and that the individual gives written authorization to allow third parties to make this request.
In Ireland, criminal convictions remain in the system of a lifetime criminal record if the offense is committed after the person is 18 years old, as there are currently no legislative provisions governing the waiver of criminal penalties. Ireland remains the only country in the European Union and the only country in the Council of Europe that does not have such legislation.
However, under Section 258 of the Child Act 2001, offenses committed by persons under the age of eighteen may be removed from record after certain conditions are met: where a person has been found guilty of a violation and:
- violations were committed before they reached the age of eighteen
- the violation does not need to be tried by the Central Criminal Court (such as murder or rape)
- three years have passed since faith, and
- The person has not been treated for another violation within that three-year period
then that person will be treated as a person who does not commit or accused or claimed or is found guilty or dealt with for such infringement. In other words, your confidence will be wasted.
- Sign up for sex offenders
There is no list of official sex offenders in Ireland. However, under the 2001 Sex Offenders Act which came into force in June 2001, there is an unofficial registry and is held centrally by the Gardaa. The location of sex offenders in Ireland is provided by a court issued certificate, stating that the convicted person is subject to the requirements of the Sex Offenders Act 2001 and is now obliged to provide certain information including their name and address to Gardaa. Therefore, this certificate system is often referred to as the Gender Offender List, as it allows details of all sex offenders that are subject to the requirements of the Sex Offenders Act of 2001 to be held centrally by the Guard.
Italy
Italy has a criminal record system held at the Criminal Records Bureau in Rome, which is administered by the Justice department. These include convicted criminals and those awaiting trial.
Who can sign up? Anyone who is an Italian citizen or not a citizen but has lived in Italy for a significant period of time may apply to view the records in the criminal record bureau or in one of their offices located in Italy. They can also register from the UK.
What is included in the information they receive? Criminal Certificates - details of all offenses, trials and proceedings
Civil Certificate - contains information on bankruptcy, mental competence, and information on expulsion from Italy.
General Certificate - Similar to Penal Certificate, but also includes any information regarding expulsion from Italy.
Included information includes, full name, date of birth, place of birth, reason of request, type of request.
The cost was 3.10 Euro.
The certificate is only produced in Italian.
Can someone get their records deleted? Yes, In general, an individual's record is abolished after the individual reaches the age of 80 or dies. Because the Italian system stores information about pending trails, once the guilty verdict is confirmed, it takes 3-10 years for their records to be deleted.
Latvian
Information relating to Latvian criminal records was held at the Ministry of Home Affairs Information Center. The purpose of the Center - through gathering information related to crime - is to facilitate and investigate the most effective ways in which crime can be prevented to ensure public safety.
If a Latvian needs a certificate of his criminal history, they can electronically request this via www.latvija.lv. They may require these criminal history records to be submitted to the employer, study abroad or enter into marriage. This note may only be obtained directly at the Ministry of Home Affairs Information Center or may be received by registered mail. Therefore, information about the criminal history of the offender can not be accessed by all members of the community.
In accordance with Latvian law, most criminal records are terminated after several years. The amount of time this happens depends on the nature and scope of the legal sanction for the crime. These canceled records are still stored in the Information Center records, and are readily available if the person certifies the disclosure of all records.
Lithuania
On 13 September 2004, the National Register of Recognitions of the Republic of Lithuania was established. A list of suspected, accused and punished Departments is the central data warehouse of criminal records and related information in Lithuania. It is managed by the Ministry of IT and Communications of the Lithuanian Interior Ministry who is appointed as a processing body in charge of ensuring the proper functioning and management of Register data.
The register keeps records provided by courts, pre-trial investigation agencies, national and local prosecution services, the prison department and police criminal investigation center. The Department also collects and gathers information received from foreign countries on the beliefs of Lithuania in these countries.
With individual consent, the Ministry of the Interior provides individuals and third parties with two types of disclosure: a Personal Certificate, containing information on unused beliefs only; and Statement of Personal History, which consists of full disclosure of criminal records (both spent and unused).
In Lithuania, the assessment will be removed from the List immediately after the completion of the sentence, depending on the seriousness of the sentence. For high-risk residuals (10 years after completion of sentences), serious violations (8 years), serious violation (5 years), less serious offense (3 years), reprieve (immediately after sentence completion). In cases of minors, sentences containing custodial penalties remain unused during the half-time period mentioned above.
Luxembourg
The criminal record system in Luxembourg is maintained under the authority of the District Attorney. It contains information about the beliefs of the criminal court of Luxembourg and, under certain conditions, foreign courts. The criminal record has two parts, Bulletin no 1 which contains a complete statement of the beliefs of a person living or working in Luxembourg, and Bulletin no 2 which contains all the convictions with the exception of criminal sentences imposed to jail for less than six months.
For someone with a clear criminal record, access is free and they can access it via email or post. For those with confidence, fees apply and must be personally present to the City Criminal Court for their extract.
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In Malta, criminal records are held by the Criminal Records Office run by Maltese Police. Individual criminal records can be obtained by requesting a Certificate of Conduct from the Maltese Police. Requests can be made in writing if overseas or in person at the Malta Police Station in Floriana. According to the Certificate of Conduct Ordinance, Chapter 77 of the Maltese Act, a court order is required to issue a Person's Certificate of Beholder other than the person in question. The information contained in the Behavior certificate includes a statement whether the person is in good conduct or a statement containing the belief recorded against that person. In Malta there are provisions under the Peace Act for beliefs to be removed from criminal records. Criminal records are kept for a maximum of 10 years.
Malta recently introduced a list of sex offenders. The law enforcing list recognition is the 2012 Orangutan Registration Protection Act. Under current law and prospective employers may request information about employees on the list with applications to the Attorney General. Applications will be heard in court. The law provides that it is a criminal offense to hire registered persons into entities relating to the education, care, custody, welfare or education of minors.
Dutch
Technically speaking all Dutch people have an empty criminal record. The criminal record (Dutch: strafblad ) is stored in JustitiÃÆ' le Informatiedienst in Almelo. By sending e-mails with required data, scanning passports or individual identity cards, and paying EUR4.54 it is possible to have access to their own criminal records.
Create and destroy criminal records
Criminal records will be made after punishment for a violation or a crime. The record will be for 5 years in case of a violation or 20 years for a crime. If the sentence is three years in prison or longer, 30 years will be added at the time the criminal record will be kept. Traffic violations (according to Mulder's law) will not be kept in criminal records unless there is a trial. Typically, traffic fines are given by police officers, and payments are generally made by banks. There will be no tribunal, or additional in the criminal record. In case of sexual crimes (article 240b-250) criminal records will be destroyed after 80 years. (article 4)
Consequences of criminal records
For a particular profession, he or she is required not to have a criminal record, or to have an empty record. The profession can be: lawyer, teacher, executive, professional translator, police officer, etc. Criminal records may also prevent them from obtaining certain visas and permits
Declaration on Behavior
Close to the opposite of the criminal record is the Declaration on Behavior (Dutch: Verklaring omtrent het Gedrag ). This declaration will be given if the person:
- has no criminal record;
- has data in criminal records that are not relevant to the person who requested it. Not in all cases, due to individual police officers may not have data in the records.
There is a list of criminals for the Netherlands. The Netherlands takes part in the Register Judicial network pilot project, with 10 other countries, exchanging information on criminal records electronically. In 2004, the Dutch criminal record system took the form of a computerized system. This is done to reduce the manual work associated with the previous system. The data is owned by the Judicial Information Service
Public access
Judicial Documentation Data may be requested in advance by the individuals involved. Within four weeks, individuals may be verbally informed of the information included in the Judicial Documentation. The law prohibits the provision of written information. If necessary for the purpose of state security, information may be rejected. Judicial data may be provided to: Court officials for use in litigation, staff members at the Prosecutor's Office, the Prosecutor's Council, individuals and institutions not involved with criminal procedures if they serve public functions and if serving public interest. Certificate of Conduct is a statement by the Minister of Justice, that there is no objection to the individual concerned who practices a particular profession or occupies a particular position.
The length of time that individuals are on the criminal record system
Judicial data on criminal offenses are kept for 30 years after criminal penalties become irrevocable. Extension can occur for unpaid jail sentences, mental hospital orders and youth detention. Data involving minor offenses kept up to five years after the settlement of irrevocable cases - extended to ten years if the individual is sentenced to jail or community service. 80 years after the birth of an individual, all data is deleted.
Registration of sex offenders
A sex offender registering under the name ViCLAS (Violent Crime Violence Analysis System) allows for links between national and international crimes and possible offenders. Data is not removed until 20 years after the death of the individual.
New Zealand
In New Zealand, criminal records are administered by the Ministry of Justice. Under the Clean Slate Act 2004, records are automatically hidden from public for less serious offenses, if the individual has no faith for at least seven years and meets other criteria of such action. One can request a current record (Clean Slate) or a complete criminal record through the Ministry of Justice, or authorize third parties (eg employers) to view the current records. It is illegal, with some exceptions, for third parties to request a complete criminal record.
Polish
The Polish Ministry of Justice manages the National Criminal List (KRK), and it is governed by the National Criminal Code Act 2000 and the Personal Data Protection Act 1997 (Act). The law states that personal data is protected and can only be used for public purposes. Article 7 (1) further states that data can only be accessed by people who meet certain criteria. Data may only be transferred to other entities, such as other law enforcement agencies, if their data protection meets the same standards, and where necessary for the public interest, or for the establishment of legal claims (Article 47 (4)).
Crimes included in the National Criminal List include the following categories:
- Sexual violations
- Theft
- Robbery
- Theft
- Fraud/forgery
- Damage to destruction
- Violation of drugs, and;
- Encourage violations.
In accordance with the National Criminal Code Act 2000, the length of time remaining in the National Criminal List is as follows:
- Non-containment sentence: 1 year from date of decision
- Fine: 3 years from the date of decision
- Custodian sentence up to 3 years: 5 years from the date of release (at the discretion of the Court)
- Custodian sentence of more than 1 month: 10 years from release date
The exception to this is where an individual is convicted of a sexual offense against a minor under 15; Under these circumstances, belief remains in the National Criminal List permanently.
The National Criminal List also includes information about collective entities (or publicly listed organizations). Currently, Poland does not have a separate database containing information about sex offenders (such as the Australian National Child Offender Register, or ANCOR).
One can obtain a copy of their criminal history from the National Criminal List, by contacting the KRK central information office in Warsaw, or the information point of the KRK located in the Polish public court. To receive a copy of your criminal record, you must fill out the form, state the reason for your request, and pay the fee (in July 2014: 50PLN for someone, or 100PLN for the collective entity). An employer may also apply directly to disclosure in relation to a prospective employee if this is permitted under Polish law or regulation (for example, in connection with employment in the security industry or work involving contact with children). Written consent from individuals is not required.
The National Criminal Information Offices provide individuals and employers with disclosures in one of two formats: as an Investigation of the Individual ("Zapytanie o udzielenie informacji o osobie") if no confidential disclosure is found; or National Criminal Information Information on Individuals ("Informacja o osobie z Krajowego Rejestru Karnego") if any information can be disclosed.
Poland also participated in a pilot project for the 'Judicial Register Network', along with ten other EU member states, to exchange electronic criminal records among member states electronically.
Portugal
The Portuguese criminal record system is an electronic database maintained and maintained by Direc̮'̤̮'̈ o Geral da Administra̮'̤̮'̈ o da Justi̮'̤a (General Direction of Judicial Administration, DGAJ). The system contains records of Portuguese citizens residing in Portugal, Portuguese citizens living abroad and foreign nationals living in Portugal. Disclosure of individual criminal records is permitted on individual request; own, or a third party with the written consent of the individual. For example, employers may request to view their employee's criminal records as possible with their consent. However, the app must be self-made. The certificate of criminal records in Portugal is called "certificado do registo criminal" (certificate of criminal registration) which conveys whether a person has a criminal record. An extension of this is a more detailed certificate of individual criminal activity that provides evidence for a person to be employed in a job where they have access to large amounts of cash, require high security clearance or supervise children. This special certificate is granted in a manner similar to Australian Child Oversight, which provides information about past criminal activity to the company and ensures that criminal convicts are not employed in the same area where they have previously committed a crime. Applications for certificates can be made through multiple channels, there is a central repository for criminal records located in Lisbon, in addition to many regional court options and administrative services throughout Portugal that can provide certificates to individuals and to Portuguese citizens living abroad, applications can be made through embassies and consulates. However, there is no channel through which the certificate is available for translation services, and therefore the resulting certificate is always written in Portuguese, even when produced by embassies in non-Portuguese speaking countries.
The types of criminal convictions that can be exposed through the issuance of certificates are very similar to those in the United Kingdom and are presented below:
- Drug offenses (ownership, trade, attempts to sell)
- Violence against other individuals (murder, attempted murder, assault)
- Sexual violations (sexual violence, sexual coercion, rape)
- Robbery and robbery
- Theft (including ownership of stolen property, attempts to sell stolen goods)
- Fraud (including the number of forgery)
- Criminal damage (vandalism)
Portuguese legislation allows for all criminal convictions to be removed from individual records after the rehabilitation period has passed. This is determined as follows:
- Custodian sentence up to 5 years - 5 years from release date
- Custodian sentence between 5 and 8 years - 7 years from release date
- Custodian sentence of more than 8 years - 10 years from release date
- Strikes and warnings - 5 years from the date of decision
Basically this law allows individuals to move away from their beliefs and ensure that they are not socially and economically disadvantaged for the rest of their lives after living their crimes. However, the governing law is available only in Portuguese.
A very controversial aspect of this law is that those who commit heinous crimes, by sex have their records deleted at the same time as all others are punished. The issue of legislation was brought into the spotlight during media coverage in 2007 over Madeleine McCann's case.
Romanian
UU No 290 regulates disclosure of criminal records in Romania. The criminal records of all Romanians are kept in the Central Criminal Center database by the Romanian Police Inspectorate General. The police station collects and keeps a record of the confidence status of individuals born in Romania, and it is their responsibility to keep this record current. This type of disclosure of criminal records is named the Certificate of Criminal Note. This certificate contains personal information including full name, unique identification number, date and place of birth, current address, parent's name, and details of the violation committed, rehabilitation and extradition of information.
To gain access to criminal records, one must register directly to the local police station personally. If the application is approved, the result is issued in the form of a Criminal Record Certificate by the Romanian Police Center Inspectorate. Only individuals are permitted to register for their own records, but third-party individuals may apply only if they have been authorized. Judgment may be removed from an individual criminal record if a law discriminating against an act has been sent to a person, in the case of amnesty or judicial rehabilitation, and for imprisonment up to 3 years after 20 years from that date to the final decision.
Slovakia
There is a centralized criminal record system, there is only one centralized database in which the last criminal penalty issued by the Slovak criminal court is registered. This database is in electronic form and maintained unit in the office of the Prosecutor General of the Slovak Republic. The relevant rules for this are governed by the Law on Criminal Records. In 2008 there was a proposed bill that the criminal record could only be accessed by request to the public prosecutor's office when the person rides for a position that requires a clean criminal record. Certain criminal records can not be accessed at any time, for example the record of criminal records/records of the President of the Slovak Republic is not available to anyone during his time at the office. Criminal records and persona details of all persons held by the Office of the Prosecutor General for life, and are constantly updated throughout their lives, whenever they change their address/change their name etc.
Slovenia
Information on criminal records in Slovenia is guarded by the Department of Crime Records and Measurement Education (DCREM), it is based on the Department of Justice. Among other things, DCREM manages a database that stores information about convicted criminals.
Although this database is not public, an application for disclosure of criminal records may be made to DCREM, anyone who has lived in Slovenia for a significant time may apply for the disclosure of certain criminal records. Although the perspective of entrepreneurs can not
Source of the article : Wikipedia