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Criminal record, expungement and limited disclosure: when a conviction disappears

Criminal record, expungement and limited disclosure: when the period begins, how long it lasts, how limited disclosure works and what a record certificate shows.

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Mag. Christopher Angerer, Rechtsanwalt

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14 June 2026 · Mag. Christopher Angerer, Rechtsanwalt

A conviction does not stay in the criminal record forever. The Expungement Act governs when a conviction is expunged and thus disappears from the register. In addition, limited disclosure ensures that certain convictions no longer appear in a criminal-record certificate at an earlier stage. For many of those affected, what is actually visible is decisive, especially before a job application.

This post explains, from a legal perspective, when the expungement period begins, how long it lasts, how limited disclosure works and what appears in a criminal-record certificate. This is general information, not advice on an individual case.

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01 Question 1

What situation are you in?

The right steps depend on whether you want to know when a conviction is expunged, what a criminal-record certificate shows, or how limited disclosure works. Choose your situation and you will receive the key points and the next concrete step.

All paths at a glance

Overview of all answers.

01

Expungement: convictions are expunged by operation of law once the period has elapsed.

Convictions are not stored permanently in the criminal record. Once the expungement period has elapsed, expungement takes effect by operation of law, so no separate application is required. When the period begins and how long it lasts is governed by the Expungement Act. From a legal perspective, the precise calculation is important, because both the start and the duration depend on the specific sentence.

Have it calculated in the individual case when the expungement period begins and when it ends. For several convictions, special rules apply that can influence the period.

In depth: start and duration of the expungement period →
02

Criminal-record certificate: what employers see is narrower than the full register.

The criminal-record certificate that is required, for example, for a job application does not necessarily reflect the full content of the register. In particular, it takes account of the rules on limited disclosure, so that certain convictions no longer appear in it. From a legal perspective, it is worth clarifying before an application what actually appears.

If in doubt, obtain the certificate yourself to see what it contains. That way you avoid surprises and can prepare for questions.

In depth: the criminal-record certificate →
03

Limited disclosure: certain convictions no longer appear at an earlier stage.

Limited disclosure has the effect that certain convictions no longer appear in the criminal-record certificate, even though they are still entered in the register. This is intended to facilitate reintegration. Which convictions are covered, and from when, is governed by the Expungement Act. From a legal perspective, the interplay of expungement and limited disclosure is decisive.

Have it checked whether limited disclosure already applies to your conviction. This can affect what appears in a certificate.

In depth: limited disclosure →
04

Several convictions: they can affect one another’s expungement.

With several convictions, the calculation of expungement is more complex. Several entries can influence the expungement, so that convictions may only be expunged jointly. From a legal perspective, a precise individual assessment is important here, because blanket statements often do not apply.

With several convictions, have it calculated precisely when and how an expungement takes effect. That way you avoid false assumptions about the content of your record.

In depth: start and duration of the expungement period →

Start and duration of the expungement period

When a conviction is expunged is governed by the Expungement Act.

Start of the period. The start of the expungement period is governed by § 2 TilgG. The period begins, in principle, once the sentences have been served, are deemed served, have been remitted or may no longer be enforced. What matters is therefore not the date of conviction, but that point in time.

Expungement by operation of law. Once the period has elapsed, expungement takes effect by operation of law. No separate application is required. Upon expungement, the conviction is deemed expunged and no longer appears in the register.

Precise calculation. From a legal perspective, the precise calculation is important, because both the start and the duration of the period depend on the specific conviction.

The expungement periods

The duration of the expungement period is governed by § 3 TilgG and depends on the severity of the sentence.

Graduated periods. Depending on the type and amount of the sentence imposed, the law provides for graduated periods that are typically three, five, ten or fifteen years. Which period applies depends on the specific sentence imposed.

Guided by the sentence. As a rough guide: the more severe the sentence imposed, the longer the expungement period. Lighter sentences are expunged earlier, severe custodial sentences correspondingly later.

From a legal perspective, the specific period should not be derived from rules of thumb but calculated on the basis of the actual conviction. Even small differences in the sentence can shift the applicable period.

Limited disclosure

Even before expungement, limited disclosure can ensure that a conviction no longer appears (§ 6 TilgG).

Effect. Limited disclosure has the effect that certain convictions no longer appear in the criminal-record certificate, even though they are still entered in the register. This is intended to facilitate reintegration.

Conditions. Which convictions are covered, and from when, is governed by the statutory conditions. Certain more serious convictions are excluded from limited disclosure.

Interplay with expungement. Limited disclosure and expungement are two separate mechanisms. From a legal perspective, it is important to consider both together in order to assess what actually appears.

The criminal-record certificate

What third parties actually see is shown by the criminal-record certificate (§ 10 StrG).

A separate certificate. The criminal-record certificate is issued on application and is the disclosure that is required, for example, by employers. It is not to be equated with the full internal content of the register.

Account taken of limited disclosure. The certificate takes account of the rules on limited disclosure. Convictions subject to limited disclosure therefore do not appear.

Practice before an application. From a legal perspective, it is sensible to obtain a certificate yourself before an application, in order to see what actually appears and to avoid surprises.

The most common misconceptions about the criminal record. Assuming that a conviction disappears immediately or has to be actively deleted. Confusing the start of the expungement period with the date of conviction. With several convictions, assuming the single period applies. And assuming that the criminal-record certificate shows the same content as the internal register. In all cases, a precise calculation in the individual case helps.

Frequently asked questions

What you need to know about expungement and the criminal record.

Do I have to apply for expungement? +

No. Once the expungement period has elapsed, expungement takes effect by operation of law. No separate application is required. The only important thing is to calculate the start and the duration of the period correctly in the individual case, because both depend on the specific conviction.

When does the expungement period begin? +

The start of the expungement period is governed by § 2 TilgG. The period begins, in principle, once the sentences have been served, are deemed served, have been remitted or may no longer be enforced. What matters is therefore not the date of conviction, but that point in time.

How long does the expungement period last? +

The duration is governed by § 3 TilgG and depends on the severity of the sentence. The law provides for graduated periods that are typically three, five, ten or fifteen years. The more severe the sentence, the longer the period. Which period applies specifically should be calculated on the basis of the actual conviction.

What is limited disclosure? +

Limited disclosure (§ 6 TilgG) has the effect that certain convictions no longer appear in the criminal-record certificate, even though they are still entered in the register. This is intended to facilitate reintegration. Certain more serious convictions are excluded from it.

Does an employer see all my convictions? +

Not necessarily. The criminal-record certificate (§ 10 StrG) that employers require takes account of the rules on limited disclosure. Convictions subject to limited disclosure or already expunged do not appear in it. The certificate therefore does not correspond to the full internal content of the register.

What applies with several convictions? +

With several convictions, the calculation is more complex, because several entries can influence the expungement and convictions may only be expunged jointly. Blanket statements often do not apply here. From a legal perspective, a precise individual calculation is important.

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Topics
criminal-recordexpungementexpungement-actlimited-disclosurerecord-certificatereintegration

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