Criminal record: when do you get one and how can you prevent it?
Many people who come into contact with the police or the judicial system ask themselves the same question:
"Will I now have a criminal record?"
The term "criminal record" raises many concerns, especially because of its consequences for work, travel, and future plans. In this blog, we explain clearly and practically when you will receive a criminal record, what will be included on it, and—just as importantly— how a criminal record can sometimes be prevented.
What is a criminal record?
A criminal record is officially called a Judicial Documentation. It contains criminal records, such as:
judicial convictions
penalty decisions by the Public Prosecutor's Office
transactions (in certain cases)
Not every encounter with the police automatically leads to a criminal record.
When will you receive a criminal record?
You will not always receive a criminal record. As a rule, this only happens when:
you have been convicted by a court, or
you have accepted a penalty order, or
you have paid for a transaction (depending on the type of case)
An arrest, interrogation, or dismissal does not result in a criminal record.
Will you receive a criminal record if you are fined?
That depends on who imposes the fine:
Fine imposed by the court → criminal record
Penalty order from the Public Prosecutor's Office → criminal record
Traffic fine → no criminal record
Many people accept a penalty order without realizing that this will have consequences for their criminal record.
How long does a criminal record remain on file?
How long a criminal record remains visible depends on:
the type of criminal offense,
the severity of the punishment,
and your age at the time of the incident.
In general:
minor offenses: 5 years
more serious offenses: 10 to 30 years
very serious offenses: sometimes longer
Shorter deadlines often apply to minors.
What are the consequences of a criminal record?
A criminal record can have consequences for, among other things:
obtaining a Certificate of Good Conduct
applications
travel to certain countries (such as the US)
positions in healthcare, education, or the financial sector
That is precisely why it is crucial to consider in advance the legal consequences of the choices you make in a criminal case.
Can you prevent a criminal record?
In many cases: yes.
An experienced criminal defense attorney can, for example:
defend against the summons
aim for dismissal
negotiate a different settlement
appeal against a penalty order
Decisions made at an early stage often determine whether or not a criminal record is created.
Facing a criminal record? Seek advice in advance
Many people only engage a lawyer after a decision has already been made. By then, it is often too late. Legal advice is essential, particularly before accepting a penalty order or fine.
👉 Are you unsure whether you will receive a criminal record or would you like to prevent this? Contact us for a free, no-obligation consultation. We will put you in direct contact with a specialized criminal defense attorney.