The criminal record is the official register of persons convicted of criminal offences or subject to other criminal measures. It is maintained to prevent and combat crime and identify offenders, under Article 1 of Law no. 290/2004. Entries do not necessarily remain indefinitely. Removal may follow rehabilitation, amnesty, decriminalisation or the expiry of statutory periods in specified cases.
What information is recorded?
Article 9 of Law no. 290/2004 provides for the recording of penalties, security and educational measures imposed by final judgments, waiver or postponement of the application of a penalty, amnesty, pardon, limitation of enforcement and rehabilitation, as well as other decisions and information specified by law. The information held in the register must be distinguished from the entries appearing on a certificate issued to an individual.
When are individuals removed from the register?
Under Article 15 of Law no. 290/2004, grounds include:
- Decriminalisation of the act for which the person was convicted.
- Judicial rehabilitation or rehabilitation by operation of law.
- Amnesty.
- A fine or custodial sentence of no more than three years, where 20 years have passed since the conviction became final.
- The person’s death.
- A waiver of prosecution, discontinuance, final acquittal or final termination of the criminal proceedings, as provided by law.
- One year having passed since an educational measure was served.
- Two years having passed since a decision postponing the application of a penalty, provided the postponement was not revoked or annulled.
Legal entities are subject to their own rules and time limits, including 20 years after a fine becomes final or 10 years after dissolution and removal from the relevant register, under Article 16.
Rehabilitation
For many individuals, judicial rehabilitation or rehabilitation by operation of law is the principal route to removal of a conviction from the criminal record. The Criminal Code sets conditions and periods that depend on the type and length of the sentence. A lawyer can assess when the applicable period starts, whether the conditions are met and what steps are required.
Obtaining a criminal record certificate
A certificate may be issued at the request of the individual, their representative or, where the law permits, an authority. It is available through the police or electronically under the procedure established by Law no. 290/2004.
This article provides general information, not individual legal advice. Whether you qualify for rehabilitation or an entry should already have been removed requires an assessment of your particular circumstances.