How can a conviction be excluded from his criminal record?
Verified 28 May 2021 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
A conviction against you may not appear on your criminal record. You must ask the judge at trial to grant you the registration waiver. If the exemption is not granted, you can ask the public prosecutor for the erasure 6 months after the conviction has become final. You can also apply for a judicial pardon after a certain period of time or for the deletion of all references to the criminal record.
Conviction in France
Exemption from registration in the register
If you are being tried in criminal matters, you can request on the day of the hearing, before the judge announces the sentence, that the sentence not be entered in Bulletin No. 2 of the criminal record.
The judge can accept your application based on the facts of the case and your situation. The purpose of not registering in the register is, among other things, to facilitate your reintegration.
Exemption from registration in the register is not possible for convictions relating to certain crimes and offenses bass:
- Murder or murder committed with torture or barbarism
- Procuring of minors
- Use of child prostitution
- Sexual assault or rape (of an adult or minor)
Erasure
If you were not granted a waiver of a criminal record conviction during your criminal trial, you can make a erasure request. This request seeks the erasure of the conviction handed down from Bulletin No. 2 of the criminal record.
The request for the erasure of the conviction from the Criminal Record Bulletin No. 2 must be in writing and must state the reasons for it.
For example, it may be justified by a professional project, since a clean criminal record is essential for the exercise of certain professions.
Erasure is not possible for convictions relating to certain crimes and offenses bass:
- Murder or murder committed with torture or barbarism
- Procuring of minors
- Use of child prostitution
- Sexual assault or rape (of an adult or minor)
The application must not be lodged before the expiry of a period of six months after the criminal conviction has become definitive.
It must be addressed to the public prosecutor the court which handed down the conviction or, in the case of several convictions, the prosecutor of the last court concerned.
If an appeal has been made against the conviction decision, or if it is a decision of the Court of Appeal, the request must be addressed to the Attorney General of the Court of Appeal.
Who shall I contact
In the case of a decision on the assize, the request must be addressed to the investigating chamber competent for the seat of the assize court.
Judicial rehabilitation
Judicial rehabilitation is the removal by the court of the convictions which appear in Bulletin No. 2 of the criminal record. The court decision may also order the removal of the convictions from Bulletin No. 1.
Judicial rehabilitation can only be applied for after a period, which varies depending on the conviction:
- 5 years for a criminal sentence
- 3 years for a correctional sentence
- 1 year for a sentence of a contravention
To obtain a judicial pardon, you must submit a written and reasoned application.
The application for judicial rehabilitation must be addressed to the public prosecutor of your current residence.
If you live abroad, the request must be addressed to the public prosecutor of your last residence in France or to the public prosecutor of the place of conviction.
Who shall I contact
Conviction abroad
If you are French and have been convicted abroad, the conviction can be entered on your French criminal record. It depends on the agreements between France and the foreigner country in question.
You can request the erasure of foreign convictions appearing in Bulletin No. 2 of the criminal record.
To do so, you must submit a reasoned written request.
For example, the application may be justified by a professional project, since a non-blank criminal record may prohibit access to certain trades. The judge can accept your application taking into account the facts for which you were convicted, and your current situation. The purpose of not registering in the register is, among other things, to facilitate reintegration.
The erasure of convictions is not possible for convictions relating to certain crimes and offenses bass:
- Murder or murder committed with torture or barbarism
- Procuring of minors
- Use of child prostitution
- Sexual assault or rape of an adult or minor
The request for early deletion must be sent in writing to the court of justice of your domicile (or that of Paris if you reside abroad).
Who shall I contact
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The informants who answer you are from the Department of Justice.
Cost: free service
Service available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
Contents of the criminal record
Rehabilitation procedure