The Certificate of Good Conduct in Germany

German Employment Lawyers

The Certificate of Good Conduct in Germany

German Employment Lawyers

Discover in this article the different types of certificates of good conduct, including the certificate of good conduct in Germany for use abroad or the European certificate of good conduct, along with a detailed guide on the application process. Notably, it’s essential to emphasize that applicants must independently complete their certificate applications without the involvement of legal representatives. Our lawyers cannot complete the application on your behalf. Whether applying in person at the relevant authority or through the official online portal of the Federal Office of Justice (BfJ), this guide will illuminate the steps necessary for a successful application process.

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Advice on the Certificate of Good Conduct in Germany and Europe

Understanding the process and significance of obtaining a certificate of good conduct holds immense importance across various aspects of daily life. These certificates often play a crucial role, particularly within employment contexts, where presentation may be necessary depending on the nature of the job sought. Notably, professions involving children and young individuals, such as roles within public child and youth welfare services, impose a potential obligation on employers to request a German certificate of good conduct. Moreover, industries like public service, security, transportation, and specific licensing procedures, such as obtaining a driving or hunting license, commonly necessitate a certificate of good conduct as part of their requirements.

When delving into the application process, it’s vital to recognize the distinctions within certificate types. The domestic-use certificate, formerly known as the “police certificate of good conduct,” verifies an individual’s criminal record based on data extracted from the Federal Central Register at the Federal Office of Justice. Unlike the private certificate for personal use, the official certificate includes crucial administrative decisions alongside criminal court judgments, primarily regulated by the Federal Central Register Act (BZRG).

Importantly, applicants are solely responsible for completing the application process themselves, as legal representatives cannot facilitate this procedure on their behalf.

Applying for the Certificate of Good Conduct: the Process

Acquiring a certificate of good conduct involves specific processes that applicants must navigate personally, as legal representation cannot facilitate this procedure.

To initiate this application, individuals have two primary avenues: in-person submission at the competent authority or through the official online portal of the Federal Office of Justice (BfJ). The local registration office (such as the town hall, municipal office, or citizens’ registration office) serves as the competent authority for personal applications. Those exempt from registration or without a fixed abode can apply at the registration office within their district.

The application process is governed by § 30 BZRG, ensuring that individuals aged 14 and above are entitled to apply. Notably, the certificate of good conduct can only be dispatched to the applicant, except in cases where delivery to a different address or submission to an authority is necessary. In such instances, direct dispatch to the authority is permitted, with the applicant retaining the right to request an inspection beforehand.

Processing times typically range from 1-2 weeks, depending on the application volume.

The requisites for application vary depending on the chosen procedure. For in-person applications, presenting a valid identity card or passport suffices. Written applications to the registration office must contain specific personal data and a duly authenticated signature. Online applications via the Federal Office of Justice require several components, including an identity card or an activated electronic residence permit with an online ID function, a 6-digit PIN, a card reader or compatible smartphone for online identification, software ensuring secure connectivity (such as AusweisApp2 recommended by the BfJ), and a digital capture device for uploading evidence (like a scanner).

The standard fee for a certificate of good conduct is 13.00 euros, although exemptions or fee reductions may apply in certain circumstances. § 10 of the Law on Costs in Matters of the Administration of Justice (JVKostG) allows the BfJ, upon request, to reduce or waive fees based on financial constraints (indigence) or other equitable reasons. Fee exemptions due to indigence encompass scenarios like receiving specific social benefits, while exemptions for particular purposes might apply to roles involving voluntary work or full-time caregiving.

The validity duration for a certificate of good conduct isn’t explicitly outlined in the BZRG. Its acceptance duration after issuance rests upon the discretion of the office requiring it, generally extending up to 3 months post-issuance. Hence, the more recent the certificate, the greater its acceptance likelihood.

An Extended Certificate of Good Conduct in Germany

An “extended certificate of good conduct” delves deeper into a person’s criminal history, explicitly emphasising offences related to protecting children and young individuals. Unlike the standard certificate of good conduct that might omit certain decisions as per § 32 (2) BZRG to aid the re-socialisation of the convicted person, these exclusions do not apply to the extended certificate.

Issued in accordance with § 30a BZRG, this extended version is mandated either by specific legal provisions or when evaluating an individual’s suitability for roles involving professional or voluntary supervision, care, education, or training of minors. Additionally, any position significantly involving contact with children warrants the necessity for this extended certificate.

Crucially, the application procedure necessitates a written request from the entity requiring the extended certificate of good conduct. Notably, this application must be initiated and carried out by the individual seeking the certificate; legal representatives cannot facilitate this process on their behalf.

European Certificate of Good Conduct

As outlined in § 30b BZRG, a “European certificate of good conduct” can be provided to persons who, in addition to or instead of German citizenship, possess the citizenship of one or more other member states of the European Union. It can be in the form of a private certificate of good conduct, a certificate of good conduct for submission to an authority or an extended certificate of good conduct.

Distinct from the German certificate of good conduct, this document encapsulates information from the individual’s criminal record in their country of origin, provided that legal provisions enable transmission in the originating member state. The issuance of a European certificate may involve a longer processing time, considering the necessity to request information from the registry of the individual’s home member state.

European regulations afford the home Member State a window of twenty working days for transmitting the required data.

Notably, in alignment with the trade and cooperation agreement negotiated between the EU and the United Kingdom, British nationals continue to adhere to these regulations, sustaining the same procedures even post-Brexit, effective since January 1, 2021.

It’s essential to emphasise that applicants themselves are responsible for initiating and overseeing this application process; legal representatives cannot act on their behalf in this matter.

Certificate of Good Conduct for Use Abroad

Employing a certificate of good conduct abroad involves specific considerations, notably the necessity for a certificate of authenticity, which varies depending on the foreign country. Different foreign authorities mandate distinct certificates of authenticity to validate the certificate of good conduct. This validation can be achieved through over-certification by the Federal Office of Justice or issuance of an apostille or narrow certification by the Federal Office of Administration.

Individuals can seek guidance from the respective embassies or consular missions for precise information on the required certificate of authenticity for a specific country.

  • Over-certification can be applied concurrently or subsequent to the certificate of good conduct application. However, it’s important to note that it is issued only upon payment of an additional fee of 25.00 euros.
  • Apostilles or final certifications can also be sought simultaneously with the application for the certificate of good conduct at the registration office. These certifications are issued by the Federal Office of Administration in Cologne subsequent to the Federal Office of Justice confirming the certificate’s authenticity through a signature and official seal. Unlike over-authentication, no deposit payment is required for apostilles or final certifications.
  • Providing a German address is crucial as certificates of good conduct with apostille or final certification are exclusively dispatched to domestic addresses.
  • During the application process, it’s essential to specify the country for which the certificate of good conduct is required.

Remember, the application and arrangements for the certificate of authenticity must be handled directly by the applicant; legal representatives are not authorised to undertake this process on their behalf.

Applying for a Certificate of Good Conduct from Abroad

If you live abroad but need a German certificate of good conduct, you can apply directly to the Federal Office of Justice in person, by post or via the online portal. The following special features must be observed when applying for a certificate of good conduct from abroad:

  • The necessary complete personal data and the personal signature must be officially confirmed. This requirement can be fulfilled by a German diplomatic or consular representation, a foreign authority or a notary.
  • The original application with the official confirmation must be submitted to the Federal Office of Justice (fax or e-mail are not sufficient).
  • The private conduct certificate will also be sent to the foreign address.
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Practice Group: German Employment Law

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German Employment Law

Dr. Thomas Bichat

Certified Specialist Lawyer in Employment Law

Jens Schmidt

Certified Specialist Lawyer in Employment Law

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