The criminal register is a central register kept by the LPD Vienna and contains every final conviction handed down by a domestic criminal court. Certain foreign convictions are also kept in the criminal register. In concrete terms, therefore, it serves to document existing convictions that have not been expunged or set aside.
A so-called criminal record certificate (formerly also called a certificate of good conduct or (police) certificate of good conduct) can also be issued at the request of the person concerned. Employers often require the submission of a current criminal record certificate.
In certain cases, only limited information is provided in the certificate. For example, even before the end of the expungement period, information on a final conviction may only be provided to certain authorities (e.g. courts, public prosecutor’s office, weapons authority or passport authority) in the following cases:
- Prison sentences up to three months
- Prison sentences of up to six months if the offenses were committed before the offender reached 21 years of age
- Upon a conviction ordering placement in an institution for mentally abnormal lawbreakers
- Imprisonment for up to six months if three years have passed since the beginning of the expungement period
- Prison sentences of up to one year if the offenses were committed before the 21st birthday and three years have passed since the beginning of the expungement period
In these cases, the convictions do not appear in the criminal record certificate and the person concerned is not obliged to disclose them (e.g. at a job interview).
For reasons of resocialization and data protection, information from the criminal record is subject to strict rules. Information may only be provided if this is provided for by law or on the basis of an intergovernmental agreement. The information is also not provided to everyone, but only to authorities designated by law (e.g. domestic authorities, police departments, child and youth welfare agencies for the prevention or defense of endangerment of a minor child).
Special provisions apply to sex offenders. For example, certain activity prohibitions or the place of residence must be included in the register. This data must then also be communicated in the context of employment of the person concerned, to the school authorities, service authorities and personnel departments of the local authority and child and youth welfare agencies.
The data entered in the register is deleted after two years following the expungement. With the erasure, the convicted person is therefore considered to no longer have a criminal record. The expungement period essentially depends on the amount of the sentence. For example, the period is three years for a fine or a maximum of one year’s imprisonment, and five years for a maximum of three years’ imprisonment. Life imprisonment sentences are not expunged and also preclude expungement of all other convictions. Prison sentences exceeding five years for a sex offense also generally cannot be expunged. In general, stricter expungement periods and provisions apply to sexual offenses.
