Answer from the lawyer: Is it possible for a foreigner to have their criminal record certificate deleted prematurely?

Premature deletion § 49 BZRG

In principle, the law stipulates fixed periods after which entries are automatically deleted. However, according to Section 49 of the Federal Central Register Act (BZRG) , the registration authority can order that entries be removed or their disclosure restricted, contrary to the standard period. This only occurs, however, if enforcement proceedings have been completed and the public interest does not preclude the deletion order.

Why premature deletion is so difficult

Whether the "public interest precludes deletion" also depends on how one assesses the purpose of the register. The main problem with these applications is the purpose of the register. The register exists precisely so that authorities (such as the naturalization authority) can see whether someone has committed a crime in the past . A mere "obstacle" to naturalization is therefore often insufficient justification, as this is the legally intended consequence of the offense.

When is there still a chance?

Despite the authorities' strict stance, there are situations in which an application may have a chance of success. This depends on the details of the individual case review.

• Hardship cases: A classic example of a hardship case is when an old, actually serious entry remains in the register only because a minor, trivial offense was added shortly before the expiry of the deletion period. If this new offense, considered in isolation, would fall under the exceptions of the Nationality Act (§ 12a StAG), an early deletion of the old entry may be justifiable.

• Excessively long proceedings: If an unusually long time has passed between the actual crime and the legally binding conviction, this can increase the perpetrator's need for protection.

• Long criminal record and social integration: Those who have lived without crime for over a decade, are firmly established in their professional lives and have a positive social prognosis bring important arguments with them – even if these alone are often not enough.

  
  

Conclusion: Honest assessment instead of false hopes

An application under Section 49 of the Federal Central Register Act (BZRG) is not a sure thing. In many cases, clients must be realistically told: the chances of success are slim, as the authorities place a very high value on the public's interest in information. Nevertheless, if special circumstances exist – such as an extreme delay in the proceedings or unfavorable overlaps of deletion periods – the attempt can be worthwhile.

Do you have questions about your criminal record entries or are you planning to apply for naturalization despite a criminal record? We would be happy to review your individual situation and advise you on the chances of success for a deletion application.