What does it check?
This check establishes if an individual has a criminal record.
This check provides a Criminal Record Certificate referred to as Extrait de Casier Judiciaire or Bulletin n° 3.
A criminal record certificate is a document containing details from the national criminal records register. The criminal record shows if n individual has been convicted in the past or not.
This document enables the individual requesting the certificate to provide sufficient proof of integrity, for example in order to obtain an authorisation to work in certain professions or to perform certain contracts.
The criminal records register contains the sentences pronounced by the Luxembourg criminal jurisdictions and may also contain sentences pronounced abroad.
According to the law in Luxembourg, obtaining the criminal record certificate is required for certain purposes such as:
• applying for business permits to gain access to certain professions;
• gaining access to professions in the healthcare sector;
• in response to an employer's request during the process of recruitment or management of personnel, e.g. when someone is hired:
o to carry out professional or voluntary activities involving regular contact with minors, which requires the presentation of a specific extract ""Protection of minors"" (Protection des mineurs);
o for certain professions (private sector, private security, cash transportation, etc.);
• responding to a public tender, etc.
In Luxembourg, the criminal record certificate only provides information about the criminal background of adult persons, and never about the criminal background of minors. Each decision taken by a court or a juvenile judge, as well as each sentence pronounced by a criminal jurisdiction against a minor, will be recorded in a special register which is not accessible to the public and for which it is not possible to request an extract, except in certain cases foreseen by the law on the protection of youth.
5 different criminal record certificates are issued in Luxembourg, and only three of them, Bulletin 3, 4 & 5, are available to the public.
Bulletin n° 1
Record no. 1 from the criminal records register of individuals shows all the sentences handed down in respect of an individual.
Record no. 1 is issued to the judicial authorities within the framework of a criminal procedure. It will also be issued to the lawyer assisting or representing the individual concerned as a defendant before a court, or, in the absence of a lawyer, to the individual concerned. In this case, the criminal record certificate is not issued by the Criminal Records Department, but by the secretariat of the jurisdiction concerned.
Bulletin n° 2
Record no. 2 from the criminal records register of individuals shows all the correctional or criminal sentences or detention orders in relation to a criminal procedure against an individual.
Record no. 2 is issued upon request of the individual to state and communal administrations and to public organisations.
Bulletin n° 3
Record no. 3 from the criminal records register of individuals shows all the correctional or criminal sentences handed down in respect of an individual, except for:
• suspended prison sentences of 24 months or less;
• fines of EUR 2,500.00 or less;
• multiple fines whose combined total amount does not exceed EUR 2,500.00;
• community work sentences.
Record no. 3 is issued upon request to the individual concerned.
When hiring staff, employers may require job applicants to provide record no. 3 as evidence of integrity. The requirement must be stated in the job offer and be duly justified with regard to the specific needs of the position to be filled.
Record no. 3 is also issued upon request of the individual to state and communal administrations and to public organisations.
Bulletin n° 4
Record no. 4 provides information about the sentences on record no. 3 as well as all sentences concerning driving prohibitions. The latter sentences will be removed from record no. 4 after a 3-year deadline from the end of the driving prohibition period.
Record no. 4 is mainly intended for either the Minister in charge of transport or for a potential employer in order to assess the concerned person's integrity in general and more particularly in matters of conduct on the road.
Record no. 4 is issued upon request to the individual concerned.
Employers may only request record no. 4 from a job candidate if a driver's license is an absolute prerequisite for the worker's professional activity, and if this prerequisite is specified in the employment contract.
Record no. 4 can also be issued to the Minister in charge of transport to investigate applications such as the issue of driving licences and licences for road and rail transport, the management of a taxi company or air navigation services.
Bulletin n° 5
Record no. 5 contains a list of all convictions for acts committed against a minor or involving a minor, provided that these acts constitute the basis of the offence or that they increase the sentence, as well as all sentences prohibiting any activities involving regular contact with minors.
Record no. 5 is intended for organisations and individuals who are looking to hire an individual for activities on a professional or voluntary basis which involve regular contact with minors, in order to verify if the job candidate has not been sentenced for acts committed against a minor. The job candidate must provide record no. 5 to such potential employers.
Record no. 5 is issued upon request to the individual concerned.
Record no. 5 is also issued to communal administrations to assess job applications for teaching positions or positions in children's daycare centres managed by the commune.