What is § 46 BZRG?
§ Section 46 of the Federal Central Criminal Register Act (BZRG) regulates when entries about convictions are deleted from the Federal Central Criminal Register. For many people, this is an important step, for example to enable them to Naturalization or to obtain certain Residence permit . But what exactly does this mean and how can you apply for early expungement? Let's take a look together at the Federal Central Criminal Register and the significance of the erasure period under Section 46 BZRG.
Overview of the Federal Central Register Act (BZRG)
The Federal Central Criminal Register Act (BZRG) is used to store and manage criminal offenses, convictions and other court decisions. The entry in the register can be viewed by certain government agencies and courts.
The aim of the register is to document relevant information on criminal offenses and take it into account in future legal decisions.
- Entries in the Federal Central Register relate to criminal offenses and convictions.
- Public prosecutors, courts and some authorities can access it.
- These entries are particularly relevant for Naturalization or for certificates of good conduct.
The purpose of § 46 BZRG
§ Section 46 BZRG specifies the length of the erasure period, i.e. when and under what conditions entries in the Federal Central Criminal Register are erased. The aim is to give people the opportunity after a certain period of time (deadline) to ensure that their convictions no longer have any impact on their criminal record or other legal proceedings.
Pursuant to Section 46 (1) BZRG, these expungement periods vary depending on the severity of the offense and conviction:
- 5 years: for minor convictions (e.g. prison sentences of no more than three months, fines of less than 90 daily rates, juvenile sentences of no more than two years if the execution of the sentence is suspended or offenses under Section 11 (1) no. 8 of the German Criminal Code).
- 10 years: for more serious convictions (e.g. juvenile sentences of more than one year, violation of the duty of care or upbringing(§ 171 StGB), sentences under § 234, 235 or § 236 StGB, 181a and 182-184g StGB.
- 20 years: for serious offenses (convictions for an offense under §§ 174 to 180 or 182 of the Criminal Code to a prison sentence or juvenile sentence of more than one year).
- 15 years: in all other cases weighing more than 10 years and less than 20 years
Another important provision on expungement applies to the suspension of criminal offenses in accordance with Section 46 (2) BZRG.
The Federal Central Register Act states the following: "The suspension of the sentence or a suspended sentence or the removal of the penalty shall not be taken into account when calculating the time limit if these decisions have been revoked."
Redemption periods according to § 46 BZRG
The expungement periods according to § 46 BZRG regulate when entries are deleted from the Federal Central Criminal Register. Different deadlines apply depending on the type of sentence and other factors. These deadlines are crucial if you need a clean entry in your criminal record - for example for a job application or for Naturalization. Let us now take a closer look at how long these deadlines are and what special features there are.
Special regulations for juvenile sentences
Different rules apply to juvenile sentences in some cases. German law distinguishes between different sentences in order to rehabilitate juvenile offenders after a certain period of time.
- Juvenile sentence up to 1 year: The redemption period is 5 years.
- Juvenile sentence up to 2 years (suspended on probation): 5 years.
- Juvenile sentence over 2 years: 10 years, but the period may be extended if further convictions are added.
Juvenile sentences often have shortened redemption periods, as the law wants to give young offenders the opportunity to make a fresh start after a certain period of time without long-term consequences.
When are the redemption periods extended?
Under certain circumstances, the erasure periods may also be extended in accordance with Section 46 (3) BZRG. This is particularly the case if further offenses are committed during the current period.
Here are a few points when an extension occurs:
- If further convictions are added during the current period.
- If a sentence has been suspended and the conditions of probation are revoked.
- In the case of serious crimes, e.g. according to § 174 StGB (sexual offenses), the time limits can be extended to up to 20 years.
Example: In the case of a conviction for a fine of no more than ninety daily rates, if no custodial sentence, no criminal detention and no juvenile sentence is entered in the register, the period is extended by the duration of the juvenile sentence in the case of a conviction for a juvenile sentence of more than one year.
Repayment periods for fines and custodial sentences
Clearly defined redemption periods apply to fines and custodial sentences. They depend primarily on the amount of the sentence and the entry in the criminal record.
These time limits start from the date on which the sentence was fully executed. This means that as soon as you have paid your fine or served your prison sentence, the deadline begins. As soon as the redemption period has expired, the entry is deleted from the register.
Here is an overview:
Conviction | Redemption period |
|---|---|
Fine up to 90 daily rates | 5 years |
Custodial sentence or imprisonment for up to 3 months | 5 years |
Prison sentence of between 3 months and 1 year (probation) | 10 years |
Fines or imprisonment if there are also serious criminal offenses such as sexual offenses | 10-20 years |
Application for early deletion from the Federal Central Register
If you do not wish to wait for the full erasure period, Section 46 BZRG offers you the option of applying for early deletion of your entry in the Federal Central Criminal Register. This is particularly advantageous if the entry is an obstacle to future professional or personal steps, for example when applying to Naturalization or obtaining a certificate of good conduct. But what requirements must be met and how exactly does the application process work?
Requirements for an application for early repayment
For your application for early erasure to be successful, a number of conditions must be met. The aim is to ensure that no public interests speak against the deletion.
Here are the most important criteria:
- Sentence served in full: You must have served the sentence in full or paid the fine in full.
- No public interest in an entry: There must be no overriding public interest in maintaining the entry, e.g. in the case of serious criminal offenses or risk of repetition.
- No new offenses: You must not have committed any further offenses since the conviction.
- Proof of improvement: In some cases, proof of a positive lifestyle (e.g. no new offenses, regular living conditions, particularly good integration) can be helpful.
Procedure of the application process
The application process is relatively clearly structured. Here is an overview of the individual steps:
- Check the requirements: Make sure that you meet all the above requirements.
- Submit an informal application: Submit an informal application to the Federal Office of Justice.
- Examination by the Federal Office of Justice: The Federal Office of Justice examines whether the legal requirements for premature deletion are met.
- Decision: In the best case scenario, your application will be granted and the entry deleted from the register. If there are concerns, this will be rejected with a reason.
This process usually takes several weeks to months, depending on the case and the workload of the authorities.
Informal application to the Federal Office of Justice
The application itself does not have to be complicated. It can be submitted informally to the Federal Office of Justice. Here are some important points that you should take into account in the application:
- Personal data: Enter your full contact details and your identity number from the Federal Central Register.
- Justification: Explain why you are requesting early deletion. Explain that you have served the sentence in full and that there is no public interest in maintaining the entry.
- Evidence: If necessary, attach documents that support your claims (e.g. proof of payment of the fine or completion of probation).
Prospects of success and possible hurdles
The chances of success of such an application depend heavily on your individual case. Here are some points that can increase the chances of success:
- First conviction: If this is your first and only conviction, the chances are better.
- Minor offenses: For minor offenses, such as fines of up to 90 daily rates, the prospect of early expungement is greater.
- Positive lifestyle: If you have led a regular and crime-free life since your conviction, this will be assessed positively.
Possible hurdles:
- Serious offenses: For serious offenses such as sexual offenses or repeat offenders, an application for early expungement is usually denied.
- Public interest: If there is a public interest in maintaining the entry, this is considered a hurdle.
Significance of § 46 BZRG for the Naturalization
If you are seeking German citizenship, § 46 BZRG plays a decisive role. This is because entries in the Federal Central Criminal Register can have a negative impact on your naturalization application, as the absence of a criminal record is a prerequisite for Naturalization .
However, certain convictions are not taken into account at Naturalization and in some cases, early erasure of entries in accordance with Section 46 BZRG can help to increase the chances of a successful Naturalization . Below you can find out which convictions are relevant and how you can proceed to facilitate your Naturalization .
When are convictions not taken into account at Naturalization ?
According to § 12a StAG, there are clear regulations for Naturalization as to when convictions in the Federal Central Criminal Register are disregarded in the decision. Here are some examples of when convictions no longer play a role:
- Fines of up to 90 daily rates: Convictions for fines of up to 90 daily rates are generally not taken into account.
- Prison sentence of up to 3 months (suspended on probation): Prison sentences that have been suspended on probation and do not exceed 3 months are also not taken into account at Naturalization .
- Juvenile sentences and educational measures: Certain juvenile sentences or educational measures are also not taken into account.
- Discretionary leeway: If you exceed 90 daily rates or 3 months probation, there is a discretionary leeway of 21 daily rates or three weeks imprisonment. This can have a positive effect, for example, if you are able to support yourself without state assistance.
Effects of entries in the Federal Central Register on the Naturalization
However, entries in the Federal Central Register that do not fall under the above categories can have a significant impact on your naturalization application. This is particularly the case if they are serious criminal offenses.
Possible consequences are
- Rejection of the naturalization application: An outstanding conviction may result in your application being rejected until the expiry of the redemption period.
- Delay in the process: Even if a Naturalization is possible, the process can be significantly delayed if an entry exists in the register.
It therefore makes sense to check the status of your entry and to submit an application for deletion in good time if the deletion period is about to end or if you meet the requirements for early deletion.
Early repayment and its advantages for the Naturalization
Early deletion in accordance with § 46 BZRG can significantly improve your chances of a successful and timely Naturalization . If you meet the requirements for early deletion, you can have the entry removed in good time before you apply for naturalization.
Advantages of early repayment for Naturalization:
- No negative entries: As soon as the entry is deleted, it is no longer listed in the certificate of good conduct or in the Federal Central Register, which makes it easier to Naturalization .
- Accelerated process: The naturalization process can be completed more quickly without incriminating entries in the register.
- Positive impression with authorities: A demonstrable new start without further criminal offenses has a positive effect on the assessment of your ability to integrate.
Difficulties applying for naturalization?
Conclusion on the expungement period according to § 46 BZRG
The regulations according to § 46 BZRG offer you the opportunity to have entries in the Federal Central Criminal Register erased after a certain period of time. The deletion of an entry can be of great importance, especially if you are planning your professional future or are aiming for Naturalization . The deadlines and options are clearly regulated and open up new opportunities for a fresh start.
The most important key points of § 46 BZRG
- Expungement periods vary depending on the type of conviction (5, 10, 15 or 20 years).
- Early deletion is possible if certain conditions are met.
- Juvenile sentences often have shorter terms in order to offer young people a second chance.
- Entry in the Federal Central Register can have a negative impact on Naturalization and professional future.
Important advice and tips
- Check your entries: Check regularly whether you meet the requirements for repayment or early deletion.
- Apply in good time: If the deadlines expire or early deletion is possible, submit the application to the Federal Office of Justice in good time.
- Use legal advice: If you are unsure whether your application could be successful, seek advice from a lawyer.
FAQ - The most important questions about § 46 BZRG
The redemption period begins as soon as the sentence has been served in full, i.e. after payment of the fine or after the end of the prison sentence.
A criminal offense is expunged when the expungement period has expired, depending on the type of conviction (after 5, 10, 15 or 20 years).
Entries remain on the register for between 5, 10, 15 or 20 years, depending on the severity of the offense.
Yes, entries can be deleted by applying for early repayment if the requirements are met.
You can submit the application if the sentence has been served, there is no public interest in maintaining the entry and no new offenses have been committed since the conviction.
Fines of up to 90 daily rates and prison sentences of up to 3 months (suspended on probation) are deleted after the period has expired.
The processing of an application for deletion can take several weeks to months, depending on the workload of the responsible authority.
An extended certificate of good conduct also contains information on certain sexual offenses that are particularly relevant for working with children or young people.
An entry may be visible in the certificate of good conduct, which can be a hindrance, especially for applications or Naturalization , as long as the erasure period has not expired.
