LexInter | October 14, 2018 | 0 Comments

CRIMINAL RECORD OF INDIVIDUALS

RECORDING OF INFORMATION FOR INDIVIDUALS  

Initial decisions  

Criminal convictions  

 Final, contradictory or default convictions not subject to opposition, pronounced for crimes, misdemeanors and fifth class contraventions or assimilated by any repressive jurisdiction including suspended sentences, with or without probation, as well as convictions accompanied by an exemption from the sentence or an adjournment of the sentence, unless the mention of the conviction in bulletin number; 1 has been expressly excluded by the court (article 768-1 °) .  

 Contradictory or default convictions, not subject to opposition, for contraventions of the first four classes as soon as a measure of prohibition, forfeiture or incapacity is taken, primarily or as a supplement (article 768-2 °).  

 The other decisions taken by the juvenile judge or the juvenile court with regard to juvenile delinquents (article 768-3 °).  

 Sentences pronounced by foreign courts against French nationals and of which the French authorities are notified in application of an international convention or agreement (article 768-8 °).

 

Disciplinary decisions  

 Disciplinary decisions, pronounced by the judicial or administrative authorities, when they entail or issue incapacities (article 768-4 °).  

Business decisions  

 Judgments pronouncing judicial liquidation with regard to a natural person, personal bankruptcy or the prohibition provided for by article L625-8 of the Commercial Code (article 768-5 °).  

Civil decisions  

 Judgments pronouncing the deprivation of parental authority or the withdrawal of the rights attached to it (article 768-6 °).  

Administrative decisions  

 Expulsion orders issued against foreigners (article 768-7 °).  

Further information and mentions  

 Pardons, commutations or reductions of sentences (articles 769, R.69-1 °).  

 Decisions which suspend or order the execution of a sentence (articles 769, R.69-2 °).  

 Decisions relating to the adaptation of foreign sentences to be suffered in France and to incidents linked to the execution of these sentences (article 769).  

 The decisions on conditional release and revocation (articles 769 – R. 69-5 °).  

 The date of expiry of the sentence, of the payment of the fine or of the execution of the constraint by body (articles 769, R.69-5 °, R.69-6 ° and C. 1034).  

 The decisions pronouncing the confusion of sentences, the exemption from registration in the criminal record, the revocation or the exemption from revocation of a suspension, the extension or the nullity of a suspension with probation (article R. 69 -8 ° – circular 78-18 of 25/09/1978).

 Decisions by which a convicted person is totally or partially released from a ban, revocation, incapacity or publication measure (articles 703 in fine, R. 69-8 °).  

 Decisions revoking or suspending an expulsion order (articles 769, R. 69-4 °).  

 Fences for the extinction of liabilities, commercial rehabilitations and increases in prohibitions, forfeitures and incapacities attached to bankruptcy, management prohibitions and judicial liquidation (article 769 al. 3-1 °).  

Other information  

 Notices of arrest warrants and search notices concerning decisions pronouncing sentences of deprivation of liberty which have not been executed (article R. 88).  

 Notices of insubordination or desertion (article R. 88).  

MANAGEMENT OF THE JUDICIAL RECORDS OF INDIVIDUALS

 

 

All the files are deleted at the latest on the death of the person concerned or when he reaches the age of 100 (article R.70.1 ° of the C. pr. Pen.), Subject, before this term, to one of the rules set out below:

 

Criminal convictions

 

With the exception of convictions for imprescriptible acts, the files are withdrawn 40 years after the pronouncement of the last conviction for people who have not been able to benefit from one of the following erasure rules:

 

Records relating to convictions erased by:

 

 Amnesty under the conditions set by each particular law;


The rehabilitation of right or justice :


The rehabilitation of right (. 133-13 to 133-17 of the items C. pén) is acquired after a period of:


 3 years for fines or day fines,


 5 years for sentences to a single prison sentence not exceeding one year or to an alternative sentence,


 10 years for sentences of a single sentence of imprisonment not exceeding 10 years or of multiple sentences of imprisonment not exceeding 5 years in total.

 

These time limits run from the execution of the penalty or the payment of the fine or day-fine and, failing this, from the prescription fulfilled.

 

Any new conviction to a criminal or correctional sentence within the above deadlines delays or prohibits rehabilitation as of right.

 

The judicial rehabilitation for persons who can not benefit from the rehabilitation of right or wish to anticipate the effects (sections 785 to 798 of the C pr. Pén.).


The following are also removed from the criminal record:

 

 Sentences accompanied in whole or in part by the benefit of the suspension, with or without probation, at the expiry of the time limits provided for by article 133-13 of the penal code (see above) calculated from the day on which the convictions must be considered null and void (article 769 al. 3 3 ° of the Criminal Code).

 

Exemptions from the penalty, when the court has not ruled out their registration in the criminal record (article 132-59 al. 2 of the Criminal Code), at the expiration of a period of 3 years from the day on which the the conviction has become final (article 769 al. 3 4 ° of the Criminal Code).

 

 The penal compositions whose execution was noted by the prosecutor at the expiration of a period of 3 years.

 

Convictions for contraventions, at the expiration of a period of 3 years from the day on which the conviction becomes final (article 769 al. 3 5 ° of the Criminal Code).

 

 The following decisions pronounced by the juvenile courts (article 769 7th of the Criminal Code): educational measures or sanctions provided for in articles 8, 15, 15-1, 16, 16 bis and 28 of the ordinance of February 2, 1945 , at the end of a period of 3 years.

 

Article 770 of C. pr. pen. allows the convicted minor to obtain, under certain conditions, the withdrawal of decisions not referred to above.

 

This procedure is also applicable to sentences pronounced against young adults (18 to 21 years old) .

 

Finally, the following are removed from the criminal record:

 

 The files covered by a decision to rectify the criminal record (Articles 769 al. 2, 778 and R.70 3 ° of the Criminal Code).  

 The records of convictions pronounced by default when the interested party lodges an objection (article R.70.5 ° of the Criminal Code).

Business decisions

 

Are removed from the criminal record:

 

Judgments pronouncing judicial liquidation, personal bankruptcy or the prohibition to manage, when these measures are canceled by a closing judgment for the extinction of the liabilities or the rehabilitation and, in any case, at the expiration of a period of 5 years from the day these decisions become final.

 

However, if the duration of the bankruptcy or the ban is greater than 5 years , the file relating to these measures will not be withdrawn from the criminal record until the expiry of the period declared (article 769 paragraph 3 1 ° of C. pen. Pr.).

 

Disciplinary decisions

 

Disciplinary decisions erased by rehabilitation are removed from the criminal record.

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