According to surveys, 80% of employers ask for an extract from the criminal record (so-called “certificate of good behaviour and morals”) before recruiting a new employee. By the way, this is not always legal, but unfortunately, in practice, we see that those who cannot produce a blank extract can grab next to a can job.
In principle, every conviction, including traffic convictions, remains on the national criminal record forever. Whichever way you look at it: a conviction is a handicap on the labour market.
In addition, a conviction from a long time ago can still have consequences today. For example, a person who received a prison sentence of more than one year 40 years ago can never again receive a sentence with ordinary reprieve.
Fortunately, there are procedures that allow honour restoration to have convictions removed from the criminal record, namely the exchange and restoration in honour and rights.
Exchange and restoration of honour and rights
Exchange is a kind of automatic procedure whereby certain convictions are erased from the freely available extract from the criminal record. However, the scope of this procedure is extremely limited. Only extremely light police sentences (linked to mild offences) can be deleted as a result. The law provides that these punishments will be automatically expunged after three years from the date of judgment. Please note: this only applies to your certificate, which you can pick up at the municipality. The central criminal registry retains even the smallest conviction.
The restoration of honour and rights is not an automatic procedure and must therefore be requested. This application is subject to several conditions, both substantive and formal in form. In other words, a reasoned application must be made. The restoration of honour and rights, unlike the exchange, does have the effect that the conviction is also removed from your central criminal record. It is stated that a restoration of honour has taken place but not for which convictions.
Purpose of rehabilitation
The consequence of both the exchange and the restoration of honour and rights is that the conviction is no longer mentioned on the criminal record. So you will again be able to obtain a blank certificate of good behaviour and morals. When honour is restored, the removed conviction can no longer serve as grounds for an aggravated punishment for repetition (so-called recidivism). This is still possible in the exchange where, as mentioned above, the conviction remains on the central criminal record.
Our criminal lawyers believe that a person is much more than his past. Thus, we already helped dozens of people with an honour restoration.
So be sure not to hesitate to contact us to discuss your case. De Groote – De Man Lawyers is here to assist you, answer your questions and work with you on an effective defence.