Criminal record certificate (2024)

table of content

General information

The criminal record certificate (Strafregisterbescheinigung)is a document containing either all of a person's registered convictions in the Crime Register, and/or information that there are no such convictions. Only the person who filed the application can be issued the document.

Applicants for jobs in various sectors, including security and surveillance, will need to provide a copy of their current criminal record certificate as part of their job application.In most cases,the certificatemust not be more than three months old.

Citizens can also apply for a special criminal record certificate for children and youth welfare (Strafregisterbescheinigung Kinder- und Jugendfürsorge). This special certificate can be applied for andissued if:

  • if this is required for the examinationof suitability to carry out a specific professional or organized voluntary activity within his/her area of responsibility, which mainly involves the supervision, care, upbringing, nursing or education of minors, and

  • this requirement has beenconfirmedGerman text  bythe person's (future or current) employer, or by the (future or current) relevant representative of the voluntary organisation concerned.

Furthermore citizens can also apply for aspecial criminal record certificate for care and support (Strafregisterbescheinigung Pflege und Betreuung). This special certificate can be applied for and issuedif:

  • is required for the examination of suitability to carry out a specific professional or organized voluntary activity within his/her area of responsibility, which mainly involves the care and support of vulnerable individuals(§ 220b StGB), and

  • this requirement has beenconfirmedGerman text  by the person's (future or current) employer, or by the relevant (future or current) representative of the voluntary organisation concerned.

Thecriminal record certificate for children and youth welfareand the criminal record certificate for care and support provide information on whether or not convictions against sexual integrity and self-determination and related entries such as court bans on activities are entered in the criminal record and marked accordingly.

You can also apply for a specialcriminal record certificate for terrorism and offences against the state, genocide, crimes against humanity and war crimes. This certificate will be issued if it is required

  • for checking suitability for a specific task within the scope of an individual's professional responsibilities
    • in critical infrastructure (see Section 74 para. 1 (11) of the StGB, the manufacture, distribution or trade in or of ammunition and explosives (see Section 13 and Section 19 of the SprG), the acquisition, transportation, possession or use of restricted raw materials for explosive substances (see Section 10 of theChemG; or
    • in a company that makes use of explosives for detonation (see Section 132 of theGewO), a company specialising in pyrotechnics (see Section 107 of theGewO), the security industry (Section 129 of theGewO) or the arms industry (§ 139 of theGewO)

and provided that

  • this requirement has beenconfirmedGerman text  by the person's (future or current) employer, or by the relevant (future or current) representative of the voluntary organisation concerned.

The special criminal record certificate for terrorism, offences against the state, genocide, crimes against humanity and war crimes shows whether the individual has been convicted of terrorist offences, offences against the state, genocide, crimes against humanity or war crimes, and also shows whether there are any associated entries or instructions on the individual's record, such as whether they are subject to judicial supervision.

Nationals of other EU member states who request a criminal record certificate and/or a special criminal record certificate for children and youth welfare and/or a special criminal record certificate for care and support and/or a special criminal record certificate for terrorism, offences against the state, genocide, crimes against humanity and war crimes can ask for relevant information from the register of offences in other EU member states to be forwarded to the Austrian authorities and then added to their Austrian criminal record certificate by the Criminal Records Office at Vienna State Police Department.

Competent authority

Tip

If you require a simple criminal record certificate,you can apply for itonline. Note that you cannot apply online for the special criminal record certificates such as the special criminal record certificate children and youth welfare or the special criminal record certificate for care and support because those certificates can only be issued following confirmation from the employer and/or organisation requesting them. To apply online for a criminal record certificate, you will need aID Austriaoder EU Login.Information on the changeover from mobile phone signature and citizen cards to ID AustriaGerman text.

Advice

In the case of State Police Departments or Police Departments it is recommended to make an appointment online if you have to go to the authorities.

How to apply for a special criminal record certificate and/or special criminal record certificate for children and youth welfare and/or the special criminal record certificate for care and support:

  • If you live in a city where there is a state police department (Landespolizeidirektion) or police department( Landespolizeikommisariat), go to the State Police Department or Police Department
    • In Vienna, you can apply to the Police Department (PDF, 38 KB) (Polizeikommissariat)
  • If you live in a city without a state police department or in a city or municipality without a police department, apply to the Mayor
    • If you live in the Chartered Citiesof Krems or Waidhofen/Ybbs, you should apply to the Municipal Administration
    • If you live in the chartered urban district of Rust, apply to the state police department of Burgenland, which is the safety authority of the first instance for the municipality (Gemeinde)of Rust
  • If you are applying from outside Austria, apply to your localAustrian representation authority (→ BMEIA)

You can apply for a criminal record certificate at any competent authorityin the area where you are currently resident, regardless of the location of your primary residence. You can only apply for and collect criminal record certificates during opening hours(Parteienverkehrszeiten), which often differ from the office hours(Amtsstunden). Please check the opening hours for the relevant authority in advance and whether you need to make an appointment.To see the contact details for individual authorities, click on the links above (e.g. "state police department" or "mayor") and enter the relevant postcode or the name of the municipality. If more than one office appears under the same postcode, you will be prompted to select the right one.

The applicant must appearin personat the responsible authorityat least onceexcept when applying online using their citizen card (e-signature), either when they submit their application or when they collect their certificate, in order to verify their identity. This means that you can arrange for someone else to submit your application or to collect your certificate on your behalf. Individuals submitting applications or collecting certificates on behalf of someone else will need to show they are legally legally authorised to do so. As a rule, applicants represented by their solicitors are not generally required to appear in person, provided that the authorised solicitor submits acopy of the applicant's official photoID along with the application.

Procedure

The applicant must appearin personat the responsible authorityat least onceexcept when applying online(ID Austria or EU Login), either when they submit their application or when they collect their certificate, in order to verify their identity. This means that you can arrange for someone else to submit your application or to collect your certificate on your behalf. Individuals submitting applications or collecting certificates on behalf of someone else will need to show they are legally authorised to do so.

As a rule, applicants represented by their solicitors are not generally required to appear in person, provided that the authorised solicitor submits acopy of the applicant's government-issued photographic ID along with the application.

Required documents

  • Official phtot ID card (proof of identity). Nationals of other EU member states requesting that data be retrieved from the member state concerned must present proof of their citizenship/s – e.g. a passport or national ID card)
  • Any previous names must be stated in the application. Evidence of these previous names must be submitted in the form of, e.g. a  birth certificate, marriage certificate, divorce certificate, adoption certificate.
  • If someone else is submitting your application or collecting your certificate, they must present proof of legal authorisation to do so.
  • If you are applying for a special criminal record certificate for children and youth welfare or a criminal record certificate for care and support, you must also provide a completedconfirmation, filled in and signed by your (current or future) employer or the organisation that has asked you to obtain the certificate.

If the applicant's identity cannot be reliably established on the basis of their official phtot ID card, for example if the surname on their application does not match their ID because they have changed their surname and their ID has not yet been updated, they must also provide suitable evidence of their change of name (marriage certificate, confirmation of change of name, etc.). Any academic titles not included on an applicant's government-issued photo ID must be evidenced by providing a copy of the relevant degree certificate or academic transcript.

Costs and fees

Criminal record certificates can vary depending on the criminal record certificate applied for. These are made up as follows:

For the application

  • Standard procedure: 14.30 Euro (per sheet)
  • Electronic applications using ID Austriaor EU Login: 8.60 Euro
    • Information on the changeover from mobile phone signature and citizen cards to ID AustriaGerman text.

For the application for a special criminal record certificate (e.g. children and youth welfare), additionally

Enclosure fee: 3.90 Euro(per sheet)
The enclosure fee must be paid in particular in those cases in which a confirmation from the (future) employer that the certificate is required for the exercise of the activity is enclosed.

For issuing a criminal record certificate

  • Certificate fee: 14.30Euro
    The certificate fee will be waived if the criminal record certificate is being obtained solely in order to present it to a specific office (natural person or legal entity, such as an employer or a authority). In this case, the certificate costs 16.40Euro (and 10.70Euro for electronic applications using ID Austria).
  • Federal administration fee: 2.10Euro

Advice

The certificate fee does not apply if the criminal record certificate is only to be presented to a specific body (natural or legal person, e.g. employer, authority, address).
In this case, the certificate costs a total of 16.40 Euro (14.30 Euro application fee plus 2.10 Euro federal administrative fee for issuing), or 10.70 Euro (8.60 Euro application fee plus 2.10 Euro federal administrative fee for issuing) for electronic applications with ID Austria.

The application for and issuing of criminal record certificates in the context of voluntary work at a

  • volunteer organization,
  • organization favoured by donations (→ BMF)
  • legally recognized church or religious society as well as an institution established under internal church law with effect for the state sector and endowed with legal personality

is exempt from fees and charges.

In order to obtain such a criminal record certificate, the following confirmations must be enclosed:

  • Proof of the existence of a beneficiary organization or institution:
    • Confirmation from the→ service center for volutary workor
    • notification from the Austrian tax office confirming that the donation is eligible for tax relief or
    • the church's entry in the list at legally recognized churches and religious societies
  • Confirmation from the (future) employer that the applicant is a volunteer (including signature and company-form production of the employer and personal data of the applicant)
  • Confirmation from the (future) employer that no more than the volunteer lump sum will be paid out (including the signature and company-issued copy of the employer and personal data of the applicant)

Further information

If you have applied for the certificate in person and online, the certificate can besent to you upon request. Certificates are usually delivered by official government post (RSa-Brief (in person). However, applicants can also request their certificates be sent out in the standard post.

If the criminal record certificate,special criminal record certificate for children and youth welfare and/or special criminal record certificate for care and support shows no convictions, the certificate issued will be bilingual (German and English).

At the police departments in Vienna, criminal record certificates are usually issued on the spot, provided that all documents required to establish the applicant's identity are provided when the application is submitted, and that no arrest warrants, or alerts to determine whereabouts, etc. have been issued in relation to the applicant. In the case that the certificate is issued on the spot, it is not therefore possible for the applicant to arrange for a third party to represent them.

Provided all the relevant requirements are met, various other authorities throughout Austria can and do issue criminal record certificates within a few minutes. However, if the municipality to which the application is submitted does not have direct access to the register of criminal offences, it may take around 10 days for the certificate to be issued. Applications made to Austrian representations abroad may also take longer to process.

Advice

Criminal convictions that are not subject to restricted divulgence (Beschränkter Auskunft)will appear in a criminal record certificate, which may be problematic for individuals applying for a new job. You can ask for a criminal conviction to be subjected to restricted divulgence by petitioning for a pardon. There are usually no formal requirements for such pardons; they can simply be submitted to the Federal Ministry of Justice (→ BMJ). However, as a minimum, they should set out why the offence should be restricted (e.g. the genuine prospect of obtaining a specific job) and a justification as to why the pardon should be granted (e.g. particularly positive behaviour since the offence was committed or following release from custody). To avoid any queries, you should provide all the following information, specifically:

  •  Full name
  • Date of birth and place of birth
  • Address
  • Court, reference and date of the decision(s) you wish to have pardoned.

Generally speaking, applications for pardons will only be considered after half the expiration period (Tilgungsfrist) for the offence has elapsed. There is no legal entitlement to such pardons.

Legal basis

Strafregistergesetz 1968 (especially Sections 10, 10a, 11)

Link to form

  • Criminal record certificate(Strafregisterbescheinigung)– Request a certificateGerman text
  • Online-service criminal record certificate viaoesterreich.gv.at
  • Criminal record certificate for children and youth welfare(Strafregisterbescheinigung Kinder- und Jugendfürgsorge)– Confirmation by the employerGerman text
  • Criminal record certificate for care and support(Strafregisterbescheinigung Pflege und Betreuung)– Confirmation by the employerGerman text

Certified translation

Last update: 1 July 2024

Responsible for the content:Federal Ministry of the Interior

Criminal record certificate (2024)

FAQs

How to answer "Do you have a criminal record?"? ›

Your best bet is to answer truthfully about your criminal record. The most successful way to do this is face to face, so you can explain the circ*mstances. If your criminal record is preventing you from getting work, you should consider applying for and obtaining a record suspension (previously known as a pardon).

How do you answer "have you ever been convicted of a crime?"? ›

It is up to you, but we recommend honesty. On the application, write ”will discuss in interview” rather than a lengthy explanation of past convictions. In an interview, keep explanations brief, and stress what you have learned from your conviction and time in prison, how you have changed, and your skills or assets.

How can I get no criminal record certificate in USA? ›

Go to your local police department where you live or last lived in the United States. Ask that the police conduct a local or state criminal records search. Ask that they provide a document showing you have no history of a criminal record.

How can I clear my criminal record in PA? ›

Criminal record expungement process

Download, print, and fill out Form SP 4-170. Then, mail the form to Pennsylvania State Police Central Repository – RCPU. Also include: a certified check or money order for $20 payable to Commonwealth of Pennsylvania.

How to write a letter of explanation for a criminal record sample? ›

First Paragraph: List your conviction(s), the dates and a brief explanation of the circ*mstances (explain in two sentences or less and focus on the big picture). Express regret and responsibility. Second Paragraph: Focus on how you have paid your debt to society and the ways in which you have improved your life.

Should you disclose a misdemeanor in an interview? ›

If an employer is only asking about felonies, there's no reason to disclose you have a misdemeanor,” says Brackett. “Also, if an employer is only asking about convictions from the past three years, you don't need to out yourself if you were convicted before that.”

How can you be found guilty without evidence? ›

The short answer is no. In all criminal courts in America, State and Federal, the Constitution requires that the Government prove a criminal charge brought against a person beyond a reasonable doubt. This is a very high burden, often higher than in other countries.

Is being found guilty the same as being convicted? ›

A conviction means the person was found guilty in court. A person may be found guilty by a judge, a jury, or by pleading guilty. If a person is convicted by a judge, they had bench trial. This type of trial is usually reserved for infractions and small misdemeanors.

What is an example of a convicted crime? ›

Convictions can be given for a variety of crimes. For example, if someone has three prior drunk-driving convictions, they may receive a harsher sentence in this case. Similarly, a conviction for shoplifting might make it hard for someone to find a job.

How can I clear my criminal record in us? ›

You just have to petition the court that convicted you. The Clerk of the Court is a licensed attorney, usually, and can guide you to the correct paperwork. It's important that enough time has passed (years) without any other convictions OR arrests, and that you've fulfilled your obligation to that court.

How do I check my criminal record in the USA? ›

Online
  1. Visit edo.cjis.gov.
  2. Follow the steps under the “Obtaining Your Identity History Summary” section. ...
  3. Complete the Applicant Information Form. ...
  4. Get Your Fingerprints. ...
  5. Pay. ...
  6. Review Everything. ...
  7. Mail Your Required Materials. ...
  8. Receive Your Response.

Can I get a police clearance certificate from local police? ›

In India, the process of getting a PCC from a local police station is fairly simple. The applicant must submit an application form along with supporting documents, such as ID proof and address proof. The police department will conduct a background check and issue the certificate if everything is in order.

What felonies cannot be expunged in PA? ›

Crimes Ineligible for Expungement

Assault, kidnapping, sexual offenses, and crimes involving minors typically have longer sentences and are ineligible for expungement, according to Act 56 – PA General Assembly. Even if you have a conviction that is eligible for expungement, your personal history can disqualify it.

Do misdemeanors go away in PA? ›

Misdemeanors do not go away in Pennsylvania, but some state laws make it possible for those convicted of certain types of misdemeanors to expunge or seal their records. People often find that their prior offenses make it difficult for them to move forward with their lives, particularly when it comes to employment.

How much does expungement cost in PA? ›

Expungement/Limited Access Petitions and Orders are filed with the Clerk of Court Office. There is a $155.00 non-refundable filing fee for expungement petitions filed at existing Court of Common Pleas dockets.

How would you describe a criminal record? ›

A criminal record or criminal history is a list of your contacts with the criminal justice system. This includes contact with law enforcement agencies and the courts and may include arrests, detentions, convictions, and more.

How do you answer felons interview question? ›

DON'T lie and say that you haven't ever been convicted of a felony. DON'T leave it blank. DON'T write a lengthy explanation of past convictions on the application. DO write, “Yes, will discuss in interview” or something similar.

How do you explain your background to an employer? ›

Your professional background should highlight the roles and responsibilities that are most relevant to the position you are applying for. You should emphasize the skills that you used within those roles and why they made you a great employee. You can include specific details such as: The names of prior employers.

Should I be honest on a background check? ›

Employers conduct background checks to ensure that they hire the right candidate, and it's crucial to be transparent and truthful about your personal, employment, and educational history. By avoiding the common reasons why people fail background checks, you can increase your chances of getting the job you want.

Top Articles
Latest Posts
Article information

Author: Velia Krajcik

Last Updated:

Views: 5587

Rating: 4.3 / 5 (54 voted)

Reviews: 85% of readers found this page helpful

Author information

Name: Velia Krajcik

Birthday: 1996-07-27

Address: 520 Balistreri Mount, South Armand, OR 60528

Phone: +466880739437

Job: Future Retail Associate

Hobby: Polo, Scouting, Worldbuilding, Cosplaying, Photography, Rowing, Nordic skating

Introduction: My name is Velia Krajcik, I am a handsome, clean, lucky, gleaming, magnificent, proud, glorious person who loves writing and wants to share my knowledge and understanding with you.