A certificate of good conduct provides information on whether or not the person named in it has a criminal record.
There are two types of certificate of good conduct:
- the private certificate of good conduct (N) for private purposes, for example for submission to an employer, and
- the official certificate of good conduct (O) for submission to a German public authority.
In particular, if you wish to work with minors, either professionally or on a voluntary basis – for example, as a nursery worker, teacher, school bus driver, a swimming instructor or a sports coach, you must provide an ‘extended certificate of good conduct’ upon request.
The information contained in a certificate of good conduct is sourced from the Federal Central Register.
The Federal Central Register contains, for example,
- criminal convictions,
- certain decisions by administrative authorities and courts, or
- judicial decisions and orders by a law enforcement authority, whereby criminal proceedings have been concluded without a conviction on the grounds of proven or non-excludable lack of criminal responsibility.
However, not all entries in the Federal Central Register are included in the certificate of good conduct.
The content of certificates of good conduct is determined by Section 32 of the Federal Central Register Act (BZRG).
Furthermore, Sections 33 and 34 of the BZRG stipulate that convictions are no longer included in a certificate of good conduct after a certain period has elapsed, provided there is no exception under Section 33(2) of the BZRG.
In the case of ‘extended’ criminal records, these exemptions apply only partially or to a limited extent. This is intended to prevent persons who have been convicted of sexual offences or other criminal offences of particular relevance to the protection of children and young people from coming into close contact with minors.
If a person who (also) holds the nationality of another Member State of the European Union or of the United Kingdom of Great Britain and Northern Ireland a certificate of good conduct, a European certificate of good conduct is automatically issued, which also includes information on entries in the criminal record of the Member State of origin, provided that the law of that Member State provides for such transmission.