2. Is every punishment listed in the certificate of good conduct and when are these deleted?
As a rule of thumb, in most cases a conviction will not be included in the criminal record,
– if the register contains only one conviction, and
– if, in the case of a fine, it is less than 90 daily rates, or
– if, in the case of a custodial sentence of up to 3 months, the execution of the sentence has been suspended on probation.
If the register contains several convictions, they usually appear in the certificate of good conduct even if the above-mentioned limits have not been exceeded. This exception for second convictions is often overlooked. So anyone who was sentenced two years ago to 30 daily rates for insulting and in a more recent trial to 60 daily rates for driving without a driving licence must be prepared for registration.
In addition, there is the extended certificate of good conduct, which can be issued for persons who are or wish to be active close to children and young people (cf. § 30a BZRG). In addition to the content of the normal certificate of good conduct, convictions for sexual offences are listed which are too minor to be included in the normal certificate of good conduct. Because of its further content, the “normal” or “simple” certificate is occasionally referred to as a “small” certificate of good conduct, the extended certificate as a “large” certificate of good conduct. However, this term is not technical and may be confused with the official certificate of good conduct.
An official certificate of good conduct is even more comprehensive in terms of content, but may only be requested from the authorities. It is not handed over to the person concerned himself, but sent directly to the authority, § 30 Abs. 5 BZRG. However, it can be inspected either at the authority or at a local court.
Entries in the certificate of good conduct do not remain for all times. After certain periods, convictions are no longer recorded. According to § 34 BZRG, this is the case at the earliest after three years.