table of content
General information
German text altered – new translation is not available yet!
The criminal record certificate (Strafregisterbescheinigung)is a document containing either all of a person's registered convictions in the Crime Register, and/or information that there are no such convictions. Only the person who filed the application can be issued the document.
Applicants for jobs in various sectors, including security and surveillance, will need to provide a copy of their current criminal record certificate as part of their job application.In most cases,the certificatemust not be more than three months old.
Citizens can also apply for a special criminal record certificate for children and youth welfare (Strafregisterbescheinigung Kinder- und Jugendfürsorge). This special certificate can be applied for andissued if:
- it isnecessaryin order to check the person's suitability for professional or organised voluntary activities involving regular direct contact with children, and
- this requirement has beenconfirmedGerman text bythe person's (future or current) employer, or by the (future or current) relevant representative of the voluntary organisation concerned.
Furthermore citizens dan also apply for aspecial criminal record certificate for care and support (Strafregisterbescheinigung Pflege und Betreuung). This special certificate can be applied for and issuedif:
- it is necessary to check a person's suitability for professional or organised voluntary activities primarily concerned with the provision of care for vulnerable individuals and
- this requirement has beenconfirmedGerman text by the person's (future or current) employer, or by the relevant (future or current) representative of the voluntary organisation concerned.
The special criminal record certificate for children and youth welfare and the special criminal record certificate for care and support respectively detail convictions for offences committed against sexual integrity and self-esteem, as well as any associated entries in the register of offences, such as court orders banning the individual from engaging in certain activities.
Nationals of other EU member states who request a criminal record certificate and/or a special criminal record certificate for children and youth welfare and/or a special criminal record certificate for care and support can ask for relevant information from the register of offences in other EU member states to be forwarded to the Austrian authorities and then added to their Austrian criminal record certificate by the Criminal Records Office at Vienna State Police Department.
Competent authority
Tip
If you require a simple criminal record certificate,you can apply for it online. Note that you cannot apply online for the special criminal record certificates such as the special criminal record certificate children and youth welfare or the special criminal record certificate for care and support because those certificates can only be issued following confirmation from the employer and/or organisation requesting them. To apply online for a criminal record certificate, you will need aMobile Phone Signature("Handy-Signatur"), card-based citizen card("Bürgerkarte"),ID Austriaoder EU Login.
How to apply for a special criminal record certificate and/or special criminal record certificate for children and youth welfare and/or the special criminal record certificate for care and support:
- If you live in a city where there is a state police department (Landespolizeidirektion) or police department( Landespolizeikommisariat), go to the State Police Department or Police Department
- In Vienna, you can apply to the Police Department (PDF, 38 KB) (Polizeikommissariat)
- If you live in a city without a state police department or in a city or municipality without a police department, apply to the Mayor
- If you live in the Chartered Citiesof Krems or Waidhofen/Ybbs, you should apply to the Municipal Administration
- If you live in the chartered urban district of Rust, apply to the state police department of Burgenland, which is the safety authority of the first instance for the municipality (Gemeinde)of Rust
- If you are applying from outside Austria, apply to your localAustrian representation authority (→ BMEIA)
You can apply for a criminal record certificate at any competent authorityin the area where you are currently resident, regardless of the location of your primary residence. You can only apply for and collect criminal record certificates during opening hours(Parteienverkehrszeiten), which often differ from the office hours(Amtsstunden). Please check the opening hours for the relevant authority in advance and whether you need to make an appointment.To see the contact details for individual authorities, click on the links above (e.g. "state police department" or "mayor") and enter the relevant postcode or the name of the municipality. If more than one office appears under the same postcode, you will be prompted to select the right one.
The applicant must appearin personat the responsible authorityat least onceexcept when applying online using their citizen card (e-signature), either when they submit their application or when they collect their certificate, in order to verify their identity. This means that you can arrange for someone else to submit your application or to collect your certificate on your behalf. Individuals submitting applications or collecting certificates on behalf of someone else will need to show they are legally legally authorised to do so. As a rule, applicants represented by their solicitors are not generally required to appear in person, provided that the authorised solicitor submits acopy of the applicant's official photoID along with the application.
Procedure
The applicant must appearin personat the responsible authorityat least onceexcept when applying online(e-signature), either when they submit their application or when they collect their certificate, in order to verify their identity. This means that you can arrange for someone else to submit your application or to collect your certificate on your behalf. Individuals submitting applications or collecting certificates on behalf of someone else will need to show they are legally authorised to do so.
As a rule, applicants represented by their solicitors are not generally required to appear in person, provided that the authorised solicitor submits acopy of the applicant's government-issued photographic ID along with the application.
Required documents
- Official phtot ID card (proof of identity). Nationals of other EU member states requesting that data be retrieved from the member state concerned must present proof of their citizenship/s – e.g. a passport or national ID card)
- Any previous names must be stated in the application. Evidence of these previous names must be submitted in the form of, e.g. a birth certificate, marriage certificate, divorce certificate, adoption certificate.
- If someone else is submitting your application or collecting your certificate, they must present proof of legal authorisation to do so.
- If you are applying for a special criminal record certificate for children and youth welfare or a criminal record certificate for care and support, you must also provide a completedconfirmation, filled in and signed by your (current or future) employer or the organisation that has asked you to obtain the certificate.
If the applicant's identity cannot be reliably established on the basis of their official phtot ID card, for example if the surname on their application does not match their ID because they have changed their surname and their ID has not yet been updated, they must also provide suitable evidence of their change of name (marriage certificate, confirmation of change of name, etc.). Any academic titles not included on an applicant's government-issued photo ID must be evidenced by providing a copy of the relevant degree certificate or academic transcript.
Costs and fees
The fee for applying for and issuing a criminal record certificate is usually 30.70 Euro for applications using the standard procedure or 25 Euro for electronic applications. The breakdown of fees is as follows:
For the application
- Standard procedure: 14.30 Euro
- Electronic applications using mobile phone signature("Handy-Signatur"), card-based citizen card,ID Austriaor EU Login: 8.60 Euro
For issuing a criminal record certificate
- Certificate fee: 14.30Euro
The certificate fee will be waived if the criminal record certificate is being obtained solely in order to present it to a specific office (natural person or legal entity, such as an employer or a authority). In this case, the certificate costs 16.40Euro (and 10.70Euro for electronic applications using a citizen card, e.g. mobile phone signature). - Federal administration fee: 2.10Euro
Further information
If you have applied for the certificate in person and online, the certificate can besent to you upon request. Certificates are usually delivered by official government post (RSa-Brief (in person). However, applicants can also request their certificates be sent out in the standard post.
If the criminal record certificate,special criminal record certificate for children and youth welfare and/or special criminal record certificate for care and support shows no convictions, the certificate issued will be bilingual (German and English).
At the police departments in Vienna, criminal record certificates are usually issued on the spot, provided that all documents required to establish the applicant's identity are provided when the application is submitted, and that no arrest warrants, or alerts to determine whereabouts, etc. have been issued in relation to the applicant. In the case that the certificate is issued on the spot, it is not therefore possible for the applicant to arrange for a third party to represent them.
Provided all the relevant requirements are met, various other authorities throughout Austria can and do issue criminal record certificates within a few minutes. However, if the municipality to which the application is submitted does not have direct access to the register of criminal offences, it may take around 10 days for the certificate to be issued. Applications made to Austrian representations abroad may also take longer to process.
Advice
Criminal convictions that are not subject to restricted divulgence (Beschränkter Auskunft)will appear in a criminal record certificate, which may be problematic for individuals applying for a new job. You can ask for a criminal conviction to be subjected to restricted divulgence by petitioning for a pardon. There are usually no formal requirements for such pardons; they can simply be submitted to the Federal Ministry of Justice (→ BMJ). However, as a minimum, they should set out why the offence should be restricted (e.g. the genuine prospect of obtaining a specific job) and a justification as to why the pardon should be granted (e.g. particularly positive behaviour since the offence was committed or following release from custody). To avoid any queries, you should provide all the following information, specifically:
- Full name
- Date of birth and place of birth
- Address
- Court, reference and date of the decision(s) you wish to have pardoned.
Generally speaking, applications for pardons will only be considered after half the expiration period (Tilgungsfrist) for the offence has elapsed. There is no legal entitlement to such pardons.
Legal basis
Strafregistergesetz 1968 (especially Sections 10, 10a, 11)
Link to form
- Criminal record certificate(Strafregisterbescheinigung)– Request a certificateGerman text
- Online-service criminal record certificate via oesterreich.gv.at
- Criminal record certificate for children and youth welfare(Strafregisterbescheinigung Kinder- und Jugendfürgsorge)– Confirmation by the employerGerman text
- Criminal record certificate for care and support(Strafregisterbescheinigung Pflege und Betreuung)– Confirmation by the employerGerman text
Certified translation
Last update: 23 March 2023
Responsible for the content:Federal Ministry of the Interior
FAQs
Criminal record certificate? ›
The New York State Office of Court Administration (OCA) provides a New York Statewide criminal history record search (CHRS) for a fee of $95.00. You can submit a CHRS request via our on-line Direct Access program or by mailing in a CHRS application form.
How do I get my criminal record in NY? ›The New York State Office of Court Administration (OCA) provides a New York Statewide criminal history record search (CHRS) for a fee of $95.00. You can submit a CHRS request via our on-line Direct Access program or by mailing in a CHRS application form.
How do I get a certificate of no criminal record in the US? ›Go to your local police department where you reside or last resided in the United States, request that the police conduct a local or state criminal records search and provide you with a document reflecting that there is no history of a criminal record.
Are criminal records public in New York? ›Criminal history records maintained by the Division of Criminal Justice Services are disclosed only if permitted by law and state regulation. Individuals who wish to obtain their own criminal history should view the DCJS Record Review process and instructions.
How do I get my criminal record certified in Florida? ›You can apply to the FDLE for a Certified Criminal record either online or by mail. The FDLE will send your record by return mail. Certified Criminal records are usually required for employment, licensing, certification, immigration, and adoptions. Each search for a record costs $24.
How long does criminal record last in NY? ›Sealed Records: After 10 Years (CPL 160.59) If you have no more than two misdemeanor convictions or one felony and one misdemeanor conviction, you may be eligible to have those convictions sealed. You must apply to the court to have your records sealed.
How do I get my court record in NYC? ›You should submit a request for court records directly to the Clerk of the Court or the County Clerk that possesses those records. Typically, the court in which the case was handled will have those records.
Can I get police clearance certificate from local police? ›Yes, you can complete the formalities of obtaining a PCC by visiting the nearest police station. How can I check the application status of my Police Clearance Certificate? You can check the application status of your Police Clearance Certificate on the Passport Seva portal.
How long does it take to get a certificate of good conduct in New York? ›If your most serious conviction is a C, D or E felony, you must wait 3 years before getting a CGC. If you have only been convicted of misdemeanors, you must wait 1 year before getting a CGC.
What crimes affect citizenship? ›Two types of crime result in an automatic and permanent bar to citizenship – murder, and aggravated felony for which you were convicted after November 29, 1990. These crimes also result in deportation.
Can someone record me without permission in NY? ›
Under New York's eavesdropping law, it is illegal to record in-person or telephone conversations without the consent of at least one party. Illegal recording is a felony.
What shows up on criminal background check New York? ›A state criminal history check reveals any convictions for felonies and misdemeanors less than seven years old, and any pending criminal cases. In New York, consumer reporting agencies can't report non-conviction records (except for pending cases) or convictions that are more than seven years old.
Can someone record you without your permission in NY? ›New York is a one-party consent state. This means that only one party must consent to the recording of an in-person or telephone conversation. In other words, if you are a party to the conversation, you may record without the other person's consent.
How can I check my background? ›- Verify your Social Security information. ...
- Obtain a credit report. ...
- Check your criminal record. ...
- Get your driving record. ...
- Review your education and employment history. ...
- Review your address history. ...
- Review your social media presence. ...
- Use a screening company.
It's important to note that having a criminal record does not automatically bar you from travelling to the USA. Anybody travelling to the US for less than 90 days will be able to travel under the Visa Waiver Programme (VWP).
Do criminal records go away in Florida? ›How Long Do Criminal Records in Florida Last For? Criminal records begin the moment a person is arrested for a crime. They effectively last for the rest of your life. However, the information recorded may be able to be removed or made inaccessible through expungement or sealing.
Do felonies go away in NY? ›Except for some marijuana crimes, New York has no laws to erase or “expunge” criminal records.
Do felonies go away after 7 years in New York? ›The current expungement process in New York allows you to seal your record after about 10 years of good behavior. You can't have any recent convictions, and you can only have two convictions or fewer on your record. Your crime must also not be a “violent” crime, sex crime, or class A felony.
Does your criminal record clear after 7 years in USA? ›When you have a criminal record, it lasts forever unless you take action and work through official channels to clear it. There's no seven-year “dropoff” period in which a criminal record is erased.
How do I get court records in Florida? ›You can access all public dockets and available case documents using the new Appellate Case Information System (ACIS) at https://acis.flcourts.gov.
How do I get my court records in Florida? ›
By Florida law, the Clerk of Courts in each county is the official custodian of court records. Click here to access the Clerk's Online Services, including official records, civil/family/probate cases, criminal cases and traffic cases, or you may call the Clerk's 24-hour voice response system at (305) 275-1155.
Are NYC court records public? ›You have a right to inspect and copy many records and documents filed in New York courts. However, your right of access is not absolute. New York statutes and court rules exempt certain categories of information from disclosure, and a court may limit access to court records in certain situations.
How do I get a local police verification certificate? ›- Visit your nearest police station.
- Answer the queries of a police officer. ...
- Submit the self-attested documents mentioned in the official Passport Seva portal.
- Pay the requisite fee in cash or through a cheque.
A Police Verification Certificate is an official document which is issued by the Indian police or relevant government agency to an individual for the purpose of verifying if they have any criminal proceedings against them.
How do I get a character certificate from local police station? ›If you intend to obtain a character certificate, you can visit your school, college, current employer, or local police station and consult them about the need for a character certificate, and follow their instructions. The character certificate application form must be obtained by you from the appropriate office.
Where can I get a certificate of good conduct in NYC? ›Certificates in these cases are issued by the New York State Department of Corrections and Community Supervision (DOCCS). For Certificates Of Good Conduct, you must apply to the Department of Corrections and Community Supervision.
How long is a certificate of authority good for in NY? ›Expiration of a New York Resale certificate
While a resale certificate itself doesn't expire, a certificate of authority is valid for a maximum of three years and is “renewable at the discretion of the Department of Taxation and Finance."
A certificate of Good Conduct is issued by The Department of Corrections and Community Supervision (DOCCS). This certificate removes some employment and licensure restrictions imposed on people who have been convicted of two or more felonies and may restore your right to hold public office.
What are 3 ways to lose citizenship? ›- Run for public office in a foreign country (under certain conditions)
- Enter military service in a foreign country (under certain conditions)
- Apply for citizenship in a foreign country with the intention of giving up U.S. citizenship.
The two main categories of crimes that can put you at risk of being deported are aggravated felonies and crimes involving moral turpitude. The Immigration and Nationality Act also enumerates certain crimes that serve as independent grounds of deportation, even if they are not classified in one of those two categories.
Can I become U.S. citizen with misdemeanor? ›
Felonies such as terrorism or murder disqualify a foreign national for a US visa or Green Card. Misdemeanors, regardless of whether the individual is serving a jail sentence, could make them inadmissible to the US. Therefore, a misdemeanor record could prevent you from obtaining a visa or Green Card.
Can my neighbor record me on my property in New York State? ›Conclusion. New York is a One-Party Consent State as well as an All-Party Consent State, which means that at least one person or all persons involved in the recorded communication must consent (depending on the ruling legislation).
Are all phone calls recorded? ›The federal Telecommunications (Interception and Access) Act 1979 and State and Territory listening devices laws may both apply to monitoring or recording of telephone conversations. The general rule is that the call may not be recorded.
Can I record a conversation if I feel threatened? ›Illegal Recording Under the Wiretap Act
Under the federal Wiretap Act, it is illegal for any person to secretly record an oral, telephonic, or electronic communication that other parties to the communication reasonably expect to be private. (18 U.S.C. § 2511.)
Requires public agencies and private employers to adopt a policy that requires the public agency or private employer to provide a person who has been convicted of a crime an opportunity to submit an explanation of the facts surrounding the offense and conviction and any other information the person deems relevant to ...
What all shows on a background check? ›- Personal Information. ...
- Criminal Record. ...
- Employment History. ...
- Credit History. ...
- Civil Court Records. ...
- Educational History. ...
- Social Media Profiles. ...
- Property Information.
A rental background check is a tenant screening tool that allows landlords to see various aspects of a rental applicant's past behavior. The majority of the data you'll see comes from the three major credit bureaus: TransUnion. Equifax.
Can I ask someone to not record me in public? ›Generally speaking, in the U.S., no one has an expectation of privacy in a public place. So an ordinary person may not require you to stop filming. They can ask, but you're allowed to refuse their request and continue filming. This is true whether you're taking still photos or video in one form or another.
Is it illegal to record my boss without them knowing? ›California is a “two-party consent” state, which means that it can be illegal to secretly record conversations in person, over the phone, or through video chat if the other participant(s) also live in a “two-party consent” state. You would need the other party's consent and permission to legally record a conversation.
Can you record a phone call without the other person knowing? ›Can You Record a Phone Call Without Them Knowing? Yes, you can record a phone call without the other person knowing. It is possible via third-party applications to record incoming and outgoing phone calls without the other person knowing. Some apps give an alert while recording calls.
How do I get a copy of a police report online in NYC? ›
Copy of a Police Report To obtain a copy of the complaint report, please visit FOIL request and submit an online Freedom of Information Law (FOIL) request at least 24 hours after you submitted the complaint report.
How do I find public records in New York? ›You can make a request for court records directly to the Clerk of the Court or the County Clerk that has the records. Criminal records are available from the court system. Each records search costs $95.00.
How do I look up court cases in New York for free? ›eCourts: eCourts is a free online case information service that allows users to find information on active and closed cases in Civil Supreme and Local Civil Courts, as well as future appearance dates for cases in Criminal, Family, and Housing Courts.
How do I get a copy of my NYS police report? ›Requests for copies of an MV-104A for collisions investigated by the New York State Police that occurred anywhere in New York State on roads or highways other than the Thruway must be made to DMV. The form required (MV-198C) to request a copy of the report is available online at: www.dmv.ny.gov.
Are police reports public record in ny? ›Certain records generated by the New York State Police are available to the public by filing a FOIL request. Other records, like those tied to a specific investigation, are available to certain individuals as defined by law.
How do I pick up a police report in NYC? ›In-Person at the Police Precinct
Most police precincts of the NYPD keep copies of police reports for 30 days. That means that if the accident took place recently and near where you live (or in another precinct, you can easily visit in person), then you can go there and pick up a copy. This is usually free.
Anyone can request records in New York.
How do I contact the NYC Department of records? ›Please call 311 or 212 NEW-YORK (212-639-9675) if you are calling from outside NYC. For info on Dept. of Records services, go to 311 Online.
What is the New York public record law? ›The Freedom of Information Law (“FOIL”), Article 6 (Sections 84-90) of the NYS Public Officers Law, provides the public right to access to records maintained by government agencies with certain exceptions.
Can you see local court cases online? ›Electronic Case Files
PACER allows anyone with an account to search and locate appellate, district, and bankruptcy court case and docket information. Register for a PACER account.
Can I look up a docket number in NY? ›
The Docket can be searched by appeal number (APL), certified question number (CTQ) or judicial conduct review number (JCR), or by case name. If available, appeal briefs, records and appendices can be viewed and downloaded. The Docket also provides due dates for filings not yet received and attorney contact information.
Who owns my apartment NYC? ›You can find out who owns a building in New York City by searching building registration and property ownership records. You can get building registration information for apartment buildings from the Department of Housing Preservation and Development (HPD).
What background check do most employers use? ›The most popular form of background check is Level 3 background check. Criminal records, schooling, past employment, and reference checks are all part of this process. If desired, pre-employment drug test results can be included in Level 3 background check reports.
Is TruthFinder free? ›TruthFinder does not charge for individual background checks, but rather requires a monthly membership fee in exchange for access to an abundance of reports. If you pay for two months at once, the price drops to $46.56, or $23.28 per month, from the original $28.05.