Extract from the criminal record of a natural person

This page was last modified on 01-02-2017

An extract from the criminal record (or police record) is a copy from the national criminal records register which is used to check a person's criminal background (a natural or legal person). The criminal record shows if a person has been convicted in the past or not.

This document thereby allows the person requesting the extract to provide sufficient proof of integrity, for example in order to obtain an authorisation to work in certain professions or to conclude certain contracts.

The criminal records register contains the sentences pronounced by the Luxembourg criminal jurisdictions and may also contain sentences pronounced abroad.

As a matter of fact, according to the European Criminal Records Information System (ECRIS), and for the purposes of centralisation, the sentences pronounced in an EU Member State are automatically notified to the Member State of which the person is a national.

The extract from the criminal record of a natural person can be requested:

  • either via internet, email, post or fax;
  • or in person, at the Criminal records department (Service du casier judiciaire) in Luxembourg city.

The Criminal records department issues extracts from the criminal record free of charge to natural persons and legal persons who request the extract. It will also issue extracts from the criminal record to certain administrations authorised by Grand-Ducal regulation, but who must nevertheless obtain the concerned person's prior approval.

The extracts from the criminal record are in French.

Forms / Online services

Carry out your procedure:

  • With an online service

    • Extract from the criminal record of a natural person - online service
  • By downloading a form

    • Procuration pour la demande d'extrait de casier judiciaire pour personne physique

Who is concerned

Each natural person of age who is a Luxembourg national or resides in Luxembourg can request an extract from their criminal record.

This document may be required to carry out certain administrative procedures, such as:

  • the application for a business permit in order to access certain professions;
  • to access a profession 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:
    • to carry out a professional or voluntary activity which includes regular contact with minors (special record "Protection des mineurs" - protection of minors);
    • in certain professions (private sector, private security, cash transportation, etc.);
  • in response to a public tender (extract from the criminal record for the legal person if it concerns a company, or for the natural person in the case of a sole trader), etc.

Residents with a foreign nationality can also obtain an extract of the criminal record, even if they have not been living in Luxembourg for very long, provided they can prove that they reside in Luxembourg (by presenting their residence permit or certificate of registration).

In accordance with the European Criminal Records Information System (ECRIS), the different sentences pronounced in EU Member States are centralised in the criminal records register in the Member State of which the person is a national.

For Luxembourg residents who are not Luxembourg nationals, the Luxembourg criminal records register only contains the sentences pronounced by Luxembourg jurisdictions.

In order to obtain an extract with the full criminal record of a natural person who is a national from a country other than Luxembourg, it is necessary to contact the competent authority in said other country.

It must be noted that the extract from the criminal record 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.

Costs

The extracts from the criminal record are issued upon request and free of charge to the natural or legal person concerned.

How to proceed

Extract from the criminal record of a natural person

Available types of criminal records of a natural person

Natural persons can request records no. 3,4 or 5.

Employers have to indicate the type of criminal record they require in both their job advertisement and in the employment contract.

If the extract from the criminal record is intended to justify a person's integrity in order to carry out activities which include regular contact with minors, the applicant must request record no. 5 "Protection des mineurs" ("protection of minors").

For all other requests, applicants can apply for record no. 3 (standard criminal record) or apply for record no. 4 (extract from the criminal record which also indicates all driving prohibitions).

The precise content of each record is explained further down in the section: "Content of the different criminal records issued".

Online application

Applicants can submit a request for an extract from the criminal record of a natural person online, by signing it electronically with a Luxtrust certificate and submitting it via MyGuichet:

  • without supporting documents if the applicant is the person concerned;

  • accompanied with a scanned copy of the concerned person's identity card as well as with a power of attorney if the applicant is a third party.

The applicant must state which record is required and check the corresponding box. It is also necessary to indicate the number of extracts needed.

The duly signed application will then be transmitted to the Criminal records department.

If the criminal record of the natural person is clean, the extract will be sent by post, free of charge, to the concerned person's official address.

Request via email, fax or post

A person can submit the request for an extract from the criminal record of a natural person (on paper or via the available form) by email, fax or mail to the Criminal records department, together with a legible copy of:

  • their identity card;
  • or their passport;
  • or their residence permit.

The applicant must indicate the number of extracts needed.

If the criminal record of the natural person is clean, the extract will be sent by post, free of charge, to the concerned person's official address.

Application in person at the Criminal records department

Applicants can request an extract from their criminal record by coming, in person, to the Criminal records department. They have to present:

  • their identity card;
  • or their passport;
  • or their residence permit.

It is also necessary to indicate the number of extracts needed.

For applications made on site, the extract is given to the applicant immediately.

Requesting an extract through a third party

A third party may also apply for the extract from the criminal record on behalf of another natural person, at the Criminal records department, by presenting a power of attorney and a legible copy of an identity document of the person on whose behalf the application is made.

The applicant must indicate the number of extracts needed.

The extract from the criminal record will in this case immediately be sent to the concerned person's address.

Extract from the criminal record containing a criminal sentence

It must be noted that the Criminal records department will only send the extracts from the criminal record by post if the criminal record is clean.

Applicants with a criminal sentence in their extract will be informed by post that they must present themselves in person to the Criminal records department (Service du casier judiciaire) to collect the extract.

Applicants have to provide proof of their identity when they collect the extract from the criminal record at the Criminal records department and present:

  • either their identity card;
  • or their passport;
  • or their residence permit.

A third party may also collect the extract from the criminal record at the Criminal records department, by presenting a written power of attorney and a copy of a valid identity document of the person on whose behalf the extract is collected.

Sentences recorded in the police record

The criminal records register contains the sentences pronounced by the Luxembourg criminal jurisdictions and may also contain sentences pronounced abroad. In accordance with the European Criminal Records Information System (ECRIS), and for the purpose of centralisation, the sentences pronounced in an EU Member State are automatically notified to the Member State of which the person is a national.

The Luxembourg criminal records register is kept by the public prosecutor's office, in the form of an electronic file, under the responsibility of the State Public Prosecutor.

The criminal record namely contains:

  • irrevocable sentences for correctional or criminal offences handed down in Luxembourg;
  • irrevocable sentences for summary offences (peine de police), other than parking offences;

irrevocable sentences for correctional or criminal offences handed down by foreign jurisdictions are recorded in the criminal records register provided that:

  • the person convicted is a Luxembourg national;
  • the sentence is notified by means of an international treaty;
  • the punishable act is deemed to be a correctional or criminal offence under Luxembourg law.
In the event of a dispute concerning the entry in the criminal record, an appeal can be made to the Council Chamber of the Court of Appeal.

If a criminal conviction is overturned, the relevant entry is deleted from the criminal record within 5 to 20 years (depending on the length of the sentence). The overturning of a conviction puts an end to all incapacities and forfeitures that resulted from said conviction until then.

The judicial discharge is then established as of right, or granted upon request to the council chamber of the Court of appeal.

Sentences handed down by foreign courts are deleted from the Luxembourg criminal record if the country of prosecution provides notification of the convictions being removed from the criminal record or of their judicial discharge.

Content of the different criminal records issued

The Criminal records department issues the following records.

Record no. 1

Content of record no. 1


Record no. 1 in the criminal records register of a natural person shows all the sentences handed down in respect of said natural person.
 
Issuing record no. 1


Record no. 1 of a natural person 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 natural person concerned as a defendant before a court, or, in the absence of a lawyer, to the natural person concerned. In this case, the criminal record certificate is not issued by the Criminal Records Department, but by the secretariat of the jurisdiction concerned.

Record no. 2

Content of record no. 2


Record no. 2 in the criminal records register of a natural person shows all the correctional or criminal sentences or detention orders in relation to a criminal procedure against said person.

Issuing record no. 2


Record no. 2 is issued upon request to state and communal administrations and to public legal persons, presented, within the framework of their statutory tasks, with an application from the natural person concerned, provided said natural person has given his written consent on paper or by electronic means for the issue of the record.

Record no. 3

Content of record no. 3

Record no. 3 in the criminal records register of a natural person shows all the correctional or criminal sentences handed down in respect of said legal person with the exception of:

  • suspended prison sentences of 24 months or less;
  • fines of EUR 2,500 or less;
  • several fines whose combined total amount does not exceed EUR 2,500;
  • community work sentences.

Issuing record no. 3

Record no. 3 is issued upon request to the natural person concerned or to a third party with a power of attorney and a copy of the valid identity document of the natural person concerned.

Within the framework of the recruitment of staff, employers can require the job applicant to provide record no. 3 in order to check said person's 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 issued upon request to state and communal administrations and to public legal persons, presented, within the framework of their statutory tasks, with an application from the natural person concerned, provided said natural person has given his written consent on paper or by electronic means for the issue of the record.

Record no. 4

Content of record no. 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.

Issuing record no. 4

Record no. 4 is issued upon request to the natural person concerned or to a third party with a power of attorney and a copy of the valid identity document of the natural person concerned.

Employers can only request record no. 4 from a job candidate if the driving licence is an absolute prerequisite for the worker's professional activity and if this prerequisite is stated in the employment contract.

Record no. 4 can be issued to the Minister in charge of transport for the purpose of investigating applications in matters of transport (namely the issue of driving licences and licences for road and rail transport, the management of a taxi company or air navigation services). In this case however, the person concerned must have given his prior consent by written or electronic means.

Record no. 5

Content of record no. 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.

Issuing record no. 5

Record no. 5 is intended for (natural and legal) persons who are looking to hire a natural person 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 the potential employer.

Record no. 5 is issued upon request to the natural person concerned or to a third party with a power of attorney and a copy of the valid identity document of the natural person concerned.

Record no. 5 is issued to communal administrations to assess job applications for teaching positions or positions in a children's day care centre managed by the commune. In this case however, the person concerned must have given his consent by written or electronic means for the record to be issued to the communal administration directly.

Issuing criminal records to a foreign authority

Extracts from the criminal record can be issued, under certain conditions, to the competent authorities in EU Member States or to the competent authorities in third countries within the framework of international conventions.

Who to contact

Parquet général
Cité judiciaire - Bâtiment BC - 1er étage
L-2080 - Luxembourg
Luxembourg
Phone: (+352) 47 59 81-346
Fax: (+352) 47 59 81-248
Email casier.judiciaire@justice.etat.lu

Opening hours
de 8h30 à 12h00 et de 13h00 à 16h30