What a criminal record certificate contains and what the employer sees

During recruitment, some employers ask a candidate to provide a criminal record certificate. Yet far from everyone knows what information the document actually contains, whether a spent conviction shows up in it, and whether an employer can see the materials of a criminal case.

What the criminal record certificate is

The document commonly referred to as a criminal record certificate is officially an extract from the information and analytical system of the Ministry of Internal Affairs concerning whether a person has been brought to criminal liability and whether they have a criminal record.

It can be obtained through the service centres of the Ministry of Internal Affairs or online via the state electronic services.

What the certificate contains

Depending on the type of extract, the document may contain information about:

• the presence or absence of a criminal record;
• the fact of being brought to criminal liability;
• a conviction being spent or quashed;
• certain procedural restrictions, where these are provided for by law.

For this reason, before submitting the document it is worth checking which particular extract the employer requires.

What the employer sees

The employer sees only the information contained in the extract provided by the candidate.

They do not gain automatic access to:

• the materials of the criminal proceedings;
• the text of the court verdict;
• the evidence in the case;
• other state registers containing information about criminal proceedings.

In other words, the certificate does not disclose all the details of a criminal case.

Is a spent conviction visible

One of the most common questions is whether the employer will see a spent conviction.

Once a conviction has been spent or quashed, the person is regarded as having no criminal record. At the same time, the content of the extract may differ depending on its type and the purpose for which it was obtained, so each situation should be assessed separately.

Can an employer check the information themselves

Most private employers have no direct access to the databases of the Ministry of Internal Affairs and cannot check a candidate’s criminal record on their own.

As a rule, they obtain the information only when the candidate submits the relevant extract, or where a special check is expressly provided for by law.

A criminal record certificate does not contain the full history of criminal proceedings, and an employer has no unlimited access to information about a candidate’s criminal record. If you have questions about which extract you need to submit, whether the employer is lawfully entitled to request it, or what information they can see, contact the lawyers of the Strategic Advocacy bar association. Our specialists will help you understand your situation and protect your rights.