Must I Report Criminal Proceedings to My Employer?

In brief: There is no general duty to report an ongoing investigation or criminal proceeding to your employer of your own accord. Exceptions apply to civil servants, certain regulated professions and cases with a concrete connection to the job. In a job interview, the employer may only ask about relevant, final convictions. The most important aim of the defense is to avoid an entry in the certificate of good conduct – through discontinuance of the proceedings or a penalty order below the entry threshold.

Many clients worry more about their job than about the actual penalty. The question whether and when the employer learns of a criminal proceeding is legally clearly regulated – and can be substantially influenced by the right strategy. This article explains the legal position and the concrete options for action.

The Principle: No General Duty of Disclosure

An employee generally does not have to report an ongoing investigation or criminal proceeding of their own accord. As long as there is no final conviction, the presumption of innocence applies; the employer regularly does not learn of a proceeding at all, since the investigating authorities do not inform them. A police summons or a search likewise does not establish a duty to report.

The Exceptions: Civil Servants, Professional Law, Job Nexus

• Civil servants and public service: here duties under service law exist; a criminal proceeding can entail disciplinary proceedings, and in the case of serious offenses removal from service looms.
• Regulated professions: doctors, lawyers, tax advisers, security-sector employees or those in the financial sector are subject to professional reporting and reliability requirements.
• Concrete job nexus: where the accusation directly concerns the owed activity – for instance a property offense in the case of a cashier or bookkeeper, a traffic offense with withdrawal of the driving permit in the case of a professional driver, or a relevant offense in work with children – a duty to report can arise from the contractual duty of consideration.
• Pre-trial detention: whoever is in pre-trial detention cannot perform their work; the impediment becomes known to the employer as a matter of fact and can have consequences under labour law.

The Right to Ask in a Job Interview

In the recruitment process, the employer may only ask about previous convictions that are relevant to the specific position (for instance property offenses for a cashier role). A question about ongoing – not yet finally concluded – proceedings is in principle inadmissible because of the presumption of innocence. An inadmissible question need not be answered truthfully; a later avoidance of the contract or a dismissal because of such a “lie” is then excluded. Only admissible questions must be answered truthfully.

The Logic of the Certificate of Good Conduct

Whether a conviction becomes visible at all depends on the certificate of good conduct. A conviction is not entered in the simple certificate of good conduct if it does not exceed 90 daily units of a fine or three months of imprisonment and no other penalty is recorded in the register (§ 32(2) no. 5 BZRG). If a further conviction is added, this exemption no longer applies; special exceptions also apply to certain sexual offences. For certain activities – for instance in dealings with children and young people – an extended certificate of good conduct (§ 30a BZRG) can be required, in which even minor relevant entries appear.

Assessing Dismissal Risks Realistically

An off-duty offense does not in itself justify a dismissal. According to the case law of the Federal Labour Court, what matters is whether the offense has a concrete connection to the employment relationship – for instance whether it removes the suitability for the activity or substantially disturbs the operational peace. A distinction must be drawn between:

• Dismissal for the deed: based on a proven breach of duty.
• Dismissal on suspicion: possible in the case of an urgent suspicion of a serious breach of duty that destroys the relationship of trust – mandatorily after prior hearing of the employee.
• Person-related dismissal: in the case of a longer impediment through pre-trial detention or imprisonment, where bridging the gap is not reasonable for the employer.

Before any dismissal, the works council – where one exists – must be heard (§ 102 BetrVG); within the scope of the Protection Against Dismissal Act, the dismissal requires a ground. Frequently a great deal can be achieved in this constellation if criminal law and labour law are thought through together.

Strategy and Options for Action

1. Do Not Disclose Prematurely

Without legal examination, nothing should be disclosed to the employer. An unnecessary self-disclosure often first creates the problem one wanted to avoid.

2. Coordinate the Criminal and Labour-Law Defense

The criminal defense and the labour-law advice must be coordinated – for instance to decide whether and how to communicate with the employer and how to react to a hearing.

3. Conduct the Proceedings Discreetly and Swiftly

The more discreetly and quickly a proceeding ends, the lower the risk that the employer learns of it at all. At the main hearing, the public can be excluded to protect privacy (§ 171b GVG).

4. Work Towards a Discontinuance – No Entry

The most effective means is avoiding an entry: a discontinuance under §§ 153, 153a or 170(2) StPO leaves no entry; a penalty order under 90 daily units stays out of the certificate of good conduct. The question of reporting then usually resolves itself.

5. Avoid Pre-Trial Detention

Because pre-trial detention in particular endangers the employment relationship, early work on a suspension of the arrest warrant is a central building block.

Frequently Asked Questions

Does my employer automatically learn of the proceeding?

No. The investigating authorities do not inform the employer. Only in special cases – for instance civil servants or pre-trial detention – does the proceeding become known as a matter of fact.

Must I report a conviction during an ongoing employment relationship?

In principle no, provided there is no contractual duty and no concrete job nexus. For civil servants and in regulated professions the position may be different.

May the employer demand a certificate of good conduct?

At recruitment yes, insofar as it is necessary for the position. In an existing employment relationship only exceptionally. An extended certificate may only be demanded for certain activities.

Can I be dismissed solely because of a criminal proceeding?

Not without more. A connection to the employment relationship is required; a dismissal on suspicion presupposes an urgent suspicion and a prior hearing.

How We Can Help

The worry about the job is justified, but manageable. Whoever does not disclose prematurely, coordinates criminal and labour law and works consistently towards a resolution without an entry usually also protects their professional existence. We advise you in Bonn confidentially and coordinate the defense with your labour-law situation; more on our page for criminal defense in Bonn.

This article provides a general overview and does not replace advice in an individual case. A reliable assessment is only possible after knowledge of the specific circumstances.

Written by attorney Philip Bafteh, criminal defense attorney in Bonn. Philip Bafteh publishes regularly on criminal and commercial law and defends accused persons in investigative and trial proceedings.

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Last updated: July 2026