The Answer to Criminal Records in Germany
Dear Mr. Brownstein,
Many thanks for your e-mail of 18th May 2008.
Pursuant to the German law, evidence about the existence or non-existence of
previous criminal convictions is provided by means of so-called certificates
of good conduct. On request, every person obtains such a certificate about
the content concerning him/her of the Federal Central Register. Under the
following link, you will find more information (however in German) about the
Federal Central Register kept at the Federal Office of Justice:
Any verification by access to court records is not provided for.
Anyway, according to German labour law principles, an employer is only
entitled to ask about an applicant’s previous convictions if they are a
matter of consequence for the tasks owed under the employment contract.
With kind regards,
Dr. Michaela Schultze
The Federal Commissioner for Data Protection and Freedom of Information
European and International Affairs, Criminal Law, Clearing Up of Stasi
Files, Notification Matters, General Interior Administration
D - 53117 Bonn
-------- Original-Nachricht --------
Betreff: Question about data privacy
Datum: Sun, 18 May 2008 19:33:29 EDT
My company receives implicit consent from German citizen job applicants
in the USA and other parts of the globe that give us authorization to
obtain their criminal histories or lack of them. traditionally, we use
court records to verify convictions. Is there a problem accessing these
records in Germany with the completed consent form?
Publisher of "The Background Investigator"
President, StraightLine International
Promoter of "The Pre-Employment Screeners' Conference"
Promoter of "The India Worldwide Pre-Employment Screening Conference"
Whose efforts created the formation of The Pre-Employment Screeners'
Association in the USA (NAPBS)
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