When do I enter the criminal record?

contravention or misdemeanor?

Consumption and all acts for personal use (purchase, possession, cultivation, etc.) are considered as contravention according to NarcA. All other acts such as transfer, sale and the like are considered misdemeanor. A penalty for a misdemeanor is always recorded in the criminal record. A penalty for a contravention, however, is usually not entered.

Again, the distinction between contravention and misdemeanor is absolutely key. If the camouflage did not help and the police became aware of you, the most important thing is to present the illegal actions as contravention and in no case as misdemeanor. If possible, never admit to passing it on (not even for free), never consume it together with people under 18 (even if they build the joint!), do not trade it.

The amount of what is found does not play an important role. What matters is: Is the illegal for you? Or for others as well? The former is a contravention, the latter a misdemeanor. Practically only misdemeanor is recorded in the criminal register. The entry is made as soon as the judgment has become final (pending proceedings do not appear on the extract).

Here is an official overview of the criminal register

How do I get a criminal record?

Everyone has the right to request an extract from the criminal record, but only for their own person. Employers cannot therefore request such an extract themselves, but you must request this extract and can then forward it to the employer. It is also possible to give someone a power of attorney so that they can then obtain information about you.

However, various authorities can also inspect the criminal record without your consent (courts, tourist police, road traffic offices, etc.).

To obtain an extract, you must submit an application to the Federal Office of Justice. The cost is 20 francs.

Here you can order an extract from the criminal record via the Internet. The excerpt can be ordered as a paper excerpt (which will be delivered by mail) or as a PDF with a digital signature (with electronic delivery).

How long will I be stored there?

A conditional sentence is no longer listed on the extract after the probationary period (which can be two to five years), but it remains stored in the criminal record (and visible to various authorities). After ten years, it then disappears altogether.

An unconditional sentence is no longer seen after two thirds of: 20 years (sentence over five years) or 15 years (one to five years sentence) or 10 years (sentence under one year). If even the last third has passed, the entry disappears altogether. (However, the criminal record is only a database. All police forces keep other, mainly internal, registers with suspicions, opinions and information of all kinds. For example, the RIPOL search system).

Last modified: 2024/03/27 08:56

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Shit happens 15 (Summer 2023)

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