Will my criminal record stand in my way?

Will my criminal record stand in my way?

I got into trouble when I was young, but that was more than 15 years ago... I received a suspended prison sentence and I'm wondering if it's still on my criminal record, from which I'll soon have to provide an extract for a new job I'm applying for. What can I expect and how can I avoid being penalised after all these years?

K.

The criminal record is a file managed mainly by the Federal Office of Justice, which lists the sentences and measures handed down to people convicted in Switzerland and to Swiss nationals convicted abroad. This file can be consulted by various authorities, as well as by private individuals, who only have access to their own extract, which is slightly less exhaustive.

Judgements for felonies (i.e. offences punishable by a custodial sentence of more than 3 years) or misdemeanours (offences punishable by a custodial sentence of up to 3 years or a fine) are entered in the criminal record. Judgments concerning minor offences (offences punishable by a fine) are also mentioned in the extract available for consultation by the authorities if they have resulted in a serious sanction, for example a fine of more than CHF 5,000. In private extracts, only convictions for offences that carry an additional ban (e.g. on working) are listed.

After a certain period of time has elapsed, depending on the penalty imposed, the entries are automatically deleted. In the extract that can be consulted by the authorities, judgments handing down custodial sentences remain registered for 20 years from the end of such a sentence handed down for a term of 5 years or more, for 15 years in the case of custodial sentences of 1 to 5 years and for 10 years for sentences of less than one year. Other sentences (suspended custodial sentences, pecuniary penalties, community service or fines) remain registered for 10 years.

Entries in the criminal record for private individuals last less time: to put it simply, they are removed when two-thirds of the period that is decisive for removal of the entry has elapsed. As for judgements containing a suspended sentence, they no longer appear if the probation period has been successfully completed.

As you will have gathered from this list, if you order an extract from your criminal record today, your "youthful mistakes" will no longer appear on it, since the sentence handed down to you was light and the time that has passed since then has played its remedial role.