In criminal law, offenses committed by a person are recorded in their criminal record, a computerized register called VOSTRA. This register lists, for each individual sanctioned in Switzerland and for Swiss nationals convicted abroad, the penalties to which they have been sentenced (art. 19 let. d ch. 1 LCJ). Both adults and minors can have a criminal record. For minors, only convictions resulting in a custodial sentence are recorded (art. 16 LCJ). The primary objective of this article is to identify the different types of existing criminal records and to determine the deletion periods associated with each.
The criminal record is maintained by the Federal Office of Justice and can be consulted by competent authorities as well as individuals. The Law on Criminal Records (LCJ) has established different types of extracts intended for authorities and individuals. The information contained in the extract and the deletion period of entries vary according to the recipient’s profile. There are four types of extracts for authorities and two types for individuals. The four types of extracts intended for authorities are distinguished by the authorities authorized to consult them and the data contained in each extract.
For individuals, there are two types of extracts from the criminal record. The ordinary extract is intended for general use (art. 41 LCJ) and the special extract. The latter is issued for activities involving regular contact with minors or other particularly vulnerable persons. It mentions convictions that result in a prohibition to practice a profession or activity, a contact ban, or a geographic ban (art. 42 LCJ). These are the extracts obtained when requesting a criminal record extract.
Offenses recorded in the criminal record are deleted after a certain period has elapsed. The deletion period varies depending on the type of penalty, the duration of the penalty, and the extract on which the entry appears. It begins to run from the time the judgment becomes final (art. 30 al. 3 let. a LCJ).
These periods concern the definitive deletion of entries in the VOSTRA register. For extracts intended for individuals, the periods are shorter, but the entries remain on other extracts intended for authorities. Thus, the same offense will no longer be visible on one of the extracts intended for individuals, but it will remain visible for extracts intended for authorities.
Regarding custodial sentences without suspension, the deletion periods vary depending on the length of the sentence. For example, for a sentence of more than five years, the entry is deleted after 25 years for extract 1 (in accordance with art. 30 al. 2 let. a LCJ), 20 years for extracts 2 and 3 (art. 38 let. d LCJ), and 13 years and 4 months for extract 4 and extracts intended for individuals (art. 40 al. 3 let. a LCJ).
For a sentence between one and five years, the entry is deleted after 20 years for extract 1, 15 years for extracts 2 and 3, and 10 years for extract 4 and extracts intended for individuals. For a sentence of less than one year, the entry is deleted after 15 years for extract 1, 10 years for extracts 2 and 3, and 6 years and 8 months for extract 4 and extracts intended for individuals.
Regarding custodial sentences with suspension, monetary penalties, and community service, the entries are deleted after 15 years for extract 1 (art. 30 al. 2 let. d LCJ), 10 years for extracts 2 and 3 (art. 38 al. 3 let. d). The entries appearing on extract 4 and on extracts intended for individuals are deleted after the probation period expires, but at least until the end of an expulsion or a prohibition to practice if these are pronounced (art. 40 al. 3 let. c LCJ).
In summary, the criminal record is a complex tool, with deletion periods that vary according to the type of penalty and the consultation profile of the extract. The information is more restricted in extracts intended for individuals, thus ensuring a certain level of privacy protection while allowing authorities to have the necessary information for their duties.
If you would like more information or need our support, please do not hesitate to contact the Consultation juridique du Valentin (021 351 30 00 or www.cjdv.ch) so that we can assist you in your procedures.
Author: Ketsia Kundila Biuma
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