For many people in Germany the real worry after a criminal case is not the fine itself but the certificate of good conduct (Führungszeugnis). Employers in banking, public service, security, healthcare, education and many international companies ask for it. Landlords and licensing authorities sometimes do too. Whether a conviction appears on it follows clear rules, and those rules should shape the defense strategy from the very beginning. A result that keeps the certificate clean is often worth more than a few hundred euros less in fines.
What the certificate shows – and what it hides
The Federal Central Register (Bundeszentralregister) records every criminal conviction by a German court. The certificate of good conduct is only an extract from that register, and many entries are deliberately left out. Under § 32(2) no. 5 of the Federal Central Register Act (BZRG), a first conviction to a fine of no more than 90 daily rates, or to imprisonment of no more than three months, does not appear, provided no other sentence is recorded in the register. A warning with sentence reserved under § 59 StGB never appears. Sexual offenses under §§ 174 to 180 and 182 of the Criminal Code are an exception: they always appear.
Discontinued proceedings never appear, whether the case was dropped for lack of evidence (§ 170(2) StPO), for minor guilt (§ 153 StPO) or against a payment (§ 153a StPO). They are not convictions. The prosecutors’ internal procedural register does record them for a limited time, but employers have no access to it.
The 90-daily-rates rule
The threshold of 90 daily rates is the most important number for anyone facing a fine. A fine of exactly 90 daily rates stays off the certificate for a first offender, 91 daily rates do not. The number of daily rates reflects the seriousness of the offense; the amount per rate depends on income. A fine of 90 daily rates at 20 euros is therefore better for the certificate than 91 rates at 10 euros, even though it costs more. In negotiations with the prosecutor, and when deciding whether to object to a German penalty order, this threshold is often the central point.
Several fines are added together if they are combined into an aggregate sentence. Two separate convictions, each below 90 daily rates, are a different matter: the second conviction means that both appear, because the exception only applies if there is no other entry.
How long entries last
Convictions that do appear are removed from the certificate after fixed periods under § 34 BZRG. The period is three years for fines and for prison sentences of up to three months, and also for suspended sentences of up to one year if there is no other prison sentence in the register. It is ten years for sexual offenses with a sentence of more than one year, and five years in all other cases. For prison sentences the period is extended by the length of the sentence. The periods run from the date of the first judgment.
The certificate is not the whole register. Courts, prosecutors and certain authorities receive unrestricted information, and for them convictions remain visible until they are deleted from the register, which takes considerably longer, between five and twenty years depending on the sentence. Immigration authorities, firearms authorities and driving licence authorities therefore often see more than an employer. More on this in our article on criminal proceedings and your residence status.
The extended certificate
For work with children and young people, an extended certificate (erweitertes Führungszeugnis) is required. It lists convictions for sexual offenses, child abuse, trafficking and certain other offenses regardless of the sentence, so even a small fine appears. The periods are also longer: ten years in general, and twenty years for sexual abuse of children with a sentence of more than one year. Anyone working or volunteering in schools, sports clubs, childcare or youth welfare must take this into account.
When and how employers may ask
An employer cannot obtain your certificate directly. Only you can apply for it, at the local registration office or online, and you decide whether to hand it over. Employers may, however, make employment conditional on it. Whether they may ask at all depends on the position: in sensitive areas such as finance, security or public service the request is legitimate, for an ordinary office job often not. In job interviews employers may only ask about previous convictions relevant to the position. Under § 53 BZRG anyone whose conviction does not appear on the certificate may describe themselves as having no criminal record and need not disclose it.
Certain authorities request an official certificate (Behördenführungszeugnis) directly, for example for licences under trade law or for firearms permits. It may contain more information than the private certificate.
What this means for the defense
Keeping the certificate clean is often the main goal, especially for professionals, civil servants and foreign nationals. A discontinuance under § 153a StPO is usually the best outcome because it is not a conviction. If that is not achievable, a fine of no more than 90 daily rates is the next objective. It can sometimes be reached by limiting an objection to the number of daily rates, by making amends to the injured party or by presenting circumstances that reduce culpability. The decision on whether to accept a penalty order or go to trial should always take into account what will appear on the certificate. Our team at Criminal Defense in Bonn can assess this early in the proceedings.
Frequently asked questions
Can my employer obtain my certificate without me?
No. Only you can apply for the private certificate. Authorities may request an official certificate in specific cases, for example for licences.
My case was dismissed – will it show anywhere?
Not on the certificate and not in the Federal Central Register. It may remain for a time in the prosecutors’ internal register, which employers cannot access.
I received a penalty order of 90 daily rates. Is my certificate clean?
Yes, if no other sentence is recorded in the register and it is not a sexual offense.
Does a foreign conviction appear?
Convictions of German nationals by courts in other EU states are generally reported to the register and can appear on the certificate under the same rules.
You can reach us at +49 228 504 463 36. This information is general and does not replace advice in an individual case.
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