Everything you need to know about criminal records
The criminal record certificate is the document issued to individuals, which certifies their legal status and is issued to the natural or legal person requesting the personal document, by proxy or legal representative.
The criminal record keeps records of individuals and legal entities convicted or against whom other criminal or administrative measures have been taken according to the Criminal Code, as well as those against whom procedural-criminal measures were ordered.
Starting with the date of 1 July 2021 it is no longer mandatory to complete the application to obtain the criminal record, but only the presentation of the identity document to the policeman at the counter.
Criminal records can be requested from any police unit, through the Public Relations department, regardless of the applicant's domicile. The criminal record is released on the spot.
The schedule for working with the public for issuing criminal record certificates is:
|
Monday |
08.00 – 12.00 |
14.00 – 16.00 |
|
Tuesday |
10.00 – 14.00 |
16.00 – 18.00 |
|
Wednesday |
08.00 – 12.00 |
14.00 – 16.00 |
|
Joi |
10.00 – 14.00 |
16.00 – 18.00 |
|
Friday |
09.00 – 13.00 |
Apart from Romanian citizens, the Romanian criminal record can also be requested by foreign citizens. Romanian citizens can identify themselves with an identity card, temporary identity card, identity card, electronic identity card, passport, of a valid identity document. Foreign citizens can identify themselves with a passport, travel document, residence permit, certificate of registration of EU citizens, residence card, temporary residence permit, identity card.
The documents must be within the validity period, unless there is a legal provision to the contrary, as in the case of art. 4 Article. 5 from Law no. 55/2020 regarding some measures to prevent and combat the effects of the COVID-19 pandemic, which provides that "the validity of documents issued by public institutions and authorities, as well as by the private entities authorized according to the law are maintained throughout the period of the state of alert, as well as for a period of 90 of days from the end of this state".
Persons domiciled abroad can request the issuance of the criminal record certificate through the diplomatic missions or consular offices of Romania or through a proxy directly from Romania.
For situations in which the application is submitted through diplomatic missions or consular offices of Romania, the criminal record certificate is issued at the latest 30 days from the date of submission, and in the case of certificates within 10 days from the date of request.
The criminal record certificate is valid 6 months from the date of issue and only for the purpose for which it was requested.
The criminal record certificate for the minor aged up to 14 years can be obtained by the parent, guardian or by their proxy.
Criminal record certificate for the person with limited exercise capacity ( minor 14-18 years ) it can be obtained in person or by proxy.
The criminal record certificate for the legal entity can be obtained on the basis of a motivated request, completed with the identification data of the legal entity, by proxy or legal representative, who must prove this quality and who will present the following documents:
– the original identity document of the depositor;
– proof of the quality of legal representative/authorized person of the legal entity for which the issuance of the certificate is requested, respectively Annex no. 38 from H.G. nr. 345/2010, registered at the level of the requesting legal entity.
In the case of authorized natural persons (PFA), sole proprietorships and family businesses because they do not have legal personality, a criminal record certificate is issued for a natural person.
As for natural persons, in the criminal record are entered data regarding:
- SANCTIONS, safety and educational measures, issued by final court decisions;
- waiving or deferring the application of the sentence, START, the interruption and termination of the execution of punishments and educational measures, suspension under supervision of the execution of the sentence, REPLACE, installment and payment of the criminal fine;
- amnesty, pardon, the prescription of the execution of the sentence, rehabilitation, the political character of the conviction;
- punishments and measures pronounced by final criminal judgments by courts abroad, as well as the measures taken by the acts carried out by the criminal judicial bodies abroad, if these decisions have been recognized by the competent Romanian bodies;
- the final decisions requiring corrections in the criminal record;
- EXTRADITION.
Regarding legal entities, in the criminal record are entered data regarding:
- penalties and safety measures issued by final court decisions;
- START, suspension and termination of the execution of sentences, installment and payment of the criminal fine;
- amnesty, pardon, the prescription of the execution of the sentence, rehabilitation;
- punishments and measures pronounced by final criminal judgments by courts abroad, as well as the measures taken by the acts carried out by the criminal judicial bodies abroad, if these decisions have been recognized by the competent Romanian bodies;
- the final decisions requiring corrections in the criminal record.
They are not included in the criminal record certificate:
- the criminal sanctions pronounced for acts committed during the minority;
- safety measures taken without the imposition of a penalty, with the exception of medical hospitalization and the prohibition of occupying a position or exercising a profession;
- the data relating to the persons against whom the initiation of criminal action was ordered or against whom one of the preventive measures provided for by the Code of Criminal Procedure was taken. By exception, in the situation where the criminal record certificate is issued for registration in the Register of intra-community operators, according to the provisions of art. 329 from Law no. 227/2015 regarding the Fiscal Code, with subsequent amendments and additions, the criminal record certificate also includes provisionally noted data regarding the individuals or legal entities against whom criminal proceedings have been ordered.
The person appearing in the criminal record can ask for the rectification of the entered data or the provisional notes if they do not correspond to the real situation or if their registration was not done in compliance with the legal provisions.
Bibliography
DOCTOR no. 290 FROM 24 June 2004 (**republished** regarding the criminal record**)
https://b.politiaromana.ro/ro/utile/cazier-judiciar/obtinerea-certificatului-de-cazier-judiciar