Criminal Record Certificate
The criminal record certificate [Strafregisterbescheinigung] is a document containing either all of a person's registered convictions or the information that there are no such convictions. Only the person who filed the application gets this document from the authority.
For a lot of jobs (e.g. security business) it is necessary to bring this document. The criminal record certificate should not be older than three months.
Since 1 January 2014 there is a special criminal record certificate for children and youth welfare ("Strafregisterbescheinigung Kinder- und Jugendfürsorge"). This special certificate can be applied for and issued if
- it is necessary in order to check a person's qualification for professional or volunteer activity with direct and regular contact to minors and
- if there is an accordant confirmation . German text by the person's (current or future) employer or organisation.
Criminal record certificates for children and youth welfare contain information on convictions for crimes against sexual integrity and the right of self-determination as well as related entries about disqualifications from practices in the criminal record.
If a person with no Austrian citizenship but a citizenship from another EU member state applies for an Austrian criminal record certificate and/or a criminal record certificate for children and youth welfare, he or she can demand that relevant information is collected from the other Member State's criminal records. This Information is then forwarded to the applicant by the Department of Police Records situated at the Vienna Federal Police Headquarters as a supplement to the already issued Austrian criminal record certificate.
Issuance of a criminal record certificate and/or a criminal record certificate for children and youth welfare:
- In cities with Federal Police Headquarters [Landespolizeidirektion] or police departments [Polizeikommissariat]: the Federal Police HeadquartersGerman text or the police departmentGerman text
- In Vienna: the police departmentGerman text
- In Vienna: the police departmentGerman text
- In cities without Federal Police Headquarters or in cities or municipalities without a police department: the mayorGerman text
- Abroad: the Austrian representation authorityGerman text
The applicant must appear in person before the responsible authority at least once except when applying online via a citizen card [Bürgerkarte] (e-signature). That is necessary to verify the applicant's identity. Therefore applicants can be represented by another person either for the application or for the collection of the certificate. The representing person is required to have a power of authorityGerman text. Applicants who are represented by a lawyer do not have to appear in person before the authority provided the lawyer produces a copy of an official identification with photo of the applicant.
The applicant must appear in person before the responsible authority at least once except when applying online via a citizen card [Bürgerkarte] (e-signature). That is necessary to verify the applicant's identity. Therefore applicants can be represented by another person either for the application or for the collection of the certificate. The representing person is required to have a power of authorityGerman text.
Applicants who are represented by a lawyer do not have to appear in person before the authority provided the lawyer produces a copy of an official identification with photo of the applicant.
- Official identification with photo (proof of identity; for members of other Member States who demand information from their national criminal records: proof of nationality – e.g. with a passport or a personal identification card)
- For proving former names (which have to be mentioned in the application): e.g. birth certificate, marriage certificate, divorce certificate, adoption certificate
- For application or collection of the document through another person: power of authorityGerman text
- For a criminal record certificate for children and youth welfare (in addition): confirmation . German text that has been completely filled in and signed by the (future or current) employer or organisation
If it is not possible to prove the applicant's identity with his or her official identification with photo (e.g. because his or her current last name has not yet been corrected in the official identification), other documents like marriage certificates or decisions about change of name must be provided. In order to prove an applicant's academic degree he or she has to bring the conferral of degree.
Basically the expenses for the application and issue of a criminal record ceritficate amount to 30.70 Euro in total, in case of online applications they are 25 Euro in total. The costs are divided as follows:
For the application
- Generally: 14.30 Euro
- Online application via Citizen Card [Bürgerkarte] (e.g. mobile phone signature [Handy-Signatur]): 8.60 Euro
For issuing a criminal record certificate
- Federal fee [Zeugnisgebühr]: 14.30 Euro
If the criminal record certificate is only needed for submission to a certain natural or legal personGerman text (e.g. employer, authority), no "Zeugnisgebühr" has to be paid. In this case the certificate costs 16.40 Euro in total (in case of online applications via a Citizen Card, e.g. a mobile phone signature, 10.70 Euro).
- Federal administrative tax: 2.10 Euro
Upon the applicant's request the criminal record certificate can be sent by post by RSa-letterGerman text (hand to addressee only) within Austria. This is only possible if the applicant filed his or her application in person. The criminal record certificate can also be delivered as a normal letter.
If a criminal record certificate or a criminal record certificate for children and youth welfare contains no convictions it will be written in two languages (German/English).
The police departments in Vienna generally issue criminal record certificates straight away. In this case it is required that all documents which are necessary for proving the applicant's identity are available and that there is no issue to locate his or her place of residence, no alert for arrest etc. Therefore criminal record certificates can only be issued straight away if the applicant appears before the responsible authority in person.
Many other authorities issue criminal record certificates within a few minutes under the condition that all requirements are met. However, if the responsible authority has no direct access to criminal record data it can take around ten days until the certificate is issued. If the application is filed at an Austrian representation authority abroad the waiting time can be longer.
Convictions which are not subject to restricted divulgence and therefore appear in criminal record certificates can be a problem regarding job applications. Restricted divulgenceGerman text can only be achieved by means of a pardon. Appeals for mercy must be submitted to the Federal Ministry of Constitutional Affairs, Reforms, Deregulation and JusticeGerman text informally and should at least include a reason for mercy (e.g. the prospect of a concrete job) as well as an explanation why he or she is worthy of mercy (e.g. particularly positive behaviour since his or her release). In order to avoid possible enquiries by the authority you should provide the following information:
- First and last name
- Date of birth and birthplace
- Court, reference and date of the decision which the appeal for mercy relates to
Normally pardons are only taken into account after expiration of half of the expiration periodGerman text. There is no legal entitlement to such pardons.
Strafregistergesetz 1968 (especially sections 10, 10a, 11)
- Criminal record certificate – Application for IssuanceGerman text
- Criminal record certificate for children and youth welfare – Confirmation by the employer . German text
Federal Ministry of the Interior