Erasing criminal records: what is possible and what is not.

Some competitions and professions require a clean criminal record. If you have been convicted of an offence that appears on your criminal record, the question is simple: when and how do you get your criminal record erased?

The problem is that the record is piled up: final decision, sentence passed (fine, suspended sentence, imprisonment), period to be counted in months or years, automatic erasure (legal rehabilitation) or application for legal rehabilitation before the competent authority.

In this article, you will see which entries on a bulletin b2/b3 can be removed, how to calculate the deadlines and how to submit a complete application, either on your own or with a criminal lawyer, to limit the risk of refusal. Let’s start by defining exactly what a criminal record is and how to access it.

Criminal record: definition, bulletins b1/b2/b3 and access

What is the criminal record and what is it used for?

The criminal record is the “official record” of criminal decisions concerning you, kept at national level.

The State keeps a record of convictions and some government departments or employers have access to it… but not all, and not at the same level. Technically, the automated national criminal record is kept under the authority of the Minister of Justice.

The image to keep in mind: three drawers (B1, B2, B3). The further down you go, the more confidential it is. And when we talk about deleting a criminal record, we are almost always talking about a specific drawer.

B1, B2, B3: content, access, practical uses

Bulletin nᵒ 1 (B1) is the complete record : it includes all criminal convictions and may also mention certain extra-criminal or civil decisions (for example: disqualification from practising, loss of parental authority). It is only accessible to the judicial authorities (judges and public prosecutors) and the prison administration.

You cannot obtain a copy of it, but its contents can be communicated to you orally by the clerk’s office of the criminal court, on request to the public prosecutor with territorial jurisdiction.

Bulletin no. 2 (B2) is a “purged” version of B1: it contains most judicial convictions and administrative sanctions, with the exception of certain decisions (e.g.: convictions against minors, minor offences, penal compositions whose execution has been noted, suspended sentences that have become null and void, convictions with a dispensation of sentence or deferment).

It can be issued to administrative authorities and commercial courts and, within a strict framework, it can be requested by certain employers for cultural, educational or social activities involving contact with minors.

Here again, no copy is available to the person concerned, but its contents may be communicated orally after a request has been made to the public prosecutor.

Bulletin no. 3 (B3) is the ‘simplest’ to obtain: this is the extract that you can ask for when dealing with the authorities. The entries in the bulletin are the most serious convictions (sentences of more than 2 years’ imprisonment without a suspended sentence or less than 2 years’ imprisonment without a suspended sentence if the court has ordered the entry to be made in this bulletin, disqualifications, prohibitions or incapacities and socio-judicial monitoring measures or a ban on working involving contact with minors).

If there is no entry, it will read: “ bulletin n° 3 nil “.

Only the person concerned (or their legal representative) can request it, either online or by post. Requesting your neighbour’s criminal record, for example, is prohibited and constitutes an offence punishable by law.

Bulletin n°3: how to request it and common mistakes

To obtain an extract from the criminal record (bulletin no. 3), go to the official teleservice of the Ministry of Justice or via the mobilejustice.fr application, or by post by completing the cerfa form no. 10071 sent to the Service du casier judiciaire national. If the record does not contain any convictions, it can be downloaded automatically. Conversely, if the record contains one or more convictions, it will be sent to you by post with acknowledgement of receipt.

An employer will be able to check the authenticity of the record by entering the information on the document you provide.

Common mistakes that waste time :

• Using an unofficial website (you pay for nothing and sometimes risk giving out your personal details).
• Thinking that your employer “can ask for it” : no, the B3 is strictly personal. They can only check its authenticity.
• Confusing “blank B3” with “no record” : a B3 can be blank, whereas a B2 or B1 still contains entries.

Legal rehabilitation: automatic deletion (ipso jure)

Certain convictions are automatically deleted from bulletins no. 2 and no. 3 after a certain period of time, provided there has been no new criminal conviction: this is known as legal rehabilitation. After a certain period, they are also removed from bulletin no. 1.

Convictions may also be removed from the B2 in the event of an amnesty.

The time limits depend on the sentence handed down and are doubled in the event of a repeat offence (articles 769 and 770 of the Code of Criminal Procedure).

For example, for a fine, the Criminal Code stipulates a period of 3 years from the date of payment, and for prison sentences, the period varies from 5 to 10 years depending on the length of the sentence and the situation.

Starting point for erasure periods: when does it start?

The starting point for erasure of the criminal record is almost never the day of the conviction. Under French criminal law, the period begins to run from the day on which the sentence is fully served or deemed to have been served.

• For a fine, the calculation starts from the date of full payment.
• For a prison sentence, it runs from the end of the sentence, whether it has been served or modified.
• In the case of a suspended sentence, the period starts when the conviction becomes null and void, provided that no new offence is committed.
• For longer sentences, the rules are specific and entries are only automatically deleted from the bulletin after particularly long periods.

Getting this point wrong distorts the whole timetable.

3 years, 5 years, 10 years: how to calculate the erasure period

These periods correspond to the legal rehabilitation mechanism, as provided for in the Criminal Code, provided that the convicted person has not been sentenced again in the meantime. They constitute the reference framework for theautomatic deletion of entries from the relevantbulletin.

• The period is 3 years for a fine or day-fine conviction, from the date of full payment.
• It is 5 years for a single prison sentence of less than one year, calculated from the end of the sentence.
• It is increased to 10 years for a single sentence of imprisonment of less than ten years, or for several sentences of less than five years, calculated from the end of the sentence.

In the event of a repeat offence, these time limits are doubled, which is a serious consequence for the person concerned.

These rules should not be confused with the procedure for erasure on request: when a request for erasure of bulletin no. 2 is refused, a new request may be submitted after a minimum period of six months.

Judicial rehabilitation: requesting erasure from the judge

The term “ judicial rehabilitation ” is often used to refer to the removal of B1 entries, and the term “early rehabilitation” to refer to B2 and B3 entries.

This request is fairly rare and complex to obtain.

Non-registration or early deletion: when can you apply?

There are 2 times to request non-registration (or deletion) of an entry in the B2 and B3:

• At the hearing: before the sentence is announced, the person may request a waiver of registration. If the judge agrees, the reference is not entered on the B2/B3 (but remains on the B1). To do this, it must be shown that not having the entry on the criminal record is in the interest of the person’s personal or professional life. Exemption from registration cannot be requested for the following offences: murder, assassination, procuring a minor, prostitution of a minor, sexual assault or rape (of an adult or a minor).
• After the hearing: it is possible to submit a reasoned request to the Public Prosecutor of the court that handed down the last conviction, to remove an entry from the B2. It must be shown that the removal is necessary for rehabilitation.

Please note : there are limits to this, particularly for certain violent crimes and sexual offences. The Code of Criminal Procedure provides for exclusions (e.g. offences covered by article 706-47 of the Code of Criminal Procedure).

If the request is refused, a new request may be made after a period of 6 months.

Deletion from the criminal record: do not confuse deletion, rehabilitation or removal of an entry.

• “Erasing my record” = this often means “removing an entry from the B2 only”.
• “Automatic” = “tomorrow”. In reality, deadlines run from specific events (payment, release, end of measure), not just “since the judgment”.
• “Casier “ ≠ “TAJ”. The TAJ (treatment of criminal records) file is a police file, separate from the criminal record. The deletion rules are not the same, and neither is your approach.

Conditions for removing a conviction from the criminal record

What is assessed: sentence handed down, conduct, rehabilitation period, current situation

A request for erasure is not an “automatic” form. You must prove that your situation has changed and that maintaining the reference no longer makes sense in the light of your background.

Several factors may be taken into account:

• the nature of the offence: some convictions are excluded from this procedure (particularly for very serious offences or those committed against minors).
• the sentence handed down: fine, suspended sentence, imprisonment, bans (e.g. ban on practising, ban on appearing).
• complete execution: fine paid, sentence served, obligations fulfilled (e.g. care, compensation, community service, probationary period completed).
• time elapsed: the longer the sentence, the more credible the application.
• behaviour since: absence of new offences, stability (work, training, housing).
• the current situation and any real obstacles: a promise of employment, registration for a competition, an application for accreditation, dated and verifiable professional development.
• civil rights: if rights have been withdrawn, show that they have been restored or are in the process of being restored.

If a conviction is removed from bulletin no. 2, the prohibitions or incapacities arising from it are in principle lifted. However, the conviction does not disappear completely: it remains on bulletin no. 1 of the criminal record, which is only accessible to certain authorities.

If your case is ‘sensitive’ (violence, repeat offences, long bans, immediate professional implications), the arguments and documents will make all the difference. Goldwin Avocats in Paris can help you with these applications by building a rigorous case, based on precise documentation and arguments.

What information cannot be deleted?

No request for exemption or deletion is possible for offences covered byarticle 706-47 of the Code of Criminal Procedure : they are excluded from this procedure and cannot be removed from the criminal record in this way. These offences include :

• Crimes of murder or assassination when committed against a minor or when committed as a repeat offender;
• Crimes of torture or acts of barbarism and crimes of violence against a minor under 15 years of age resulting in permanent mutilation or disability;
• Crimes of rape;
• Offences of sexual assault;
• Offences and crimes of trafficking in human beings involving a minor;
• Offences of procuring a minor;
• Offences involving recourse to prostitution;
• Corruption of minors;
• Offence of sexual proposition made by an adult to a minor under 15 years of age or to a person presenting him/herself as such, using a means of electronic communication;
• Offences of capturing, recording, transmitting, offering, making available, disseminating, importing or exporting, acquiring or possessing a pornographic image or representation of a minor, as well as the offence of habitual consultation, or in return for payment, of an online public communication service making such an image or representation available;
• Manufacturing, transporting, distributing or trading in violent or pornographic messages likely to be seen or perceived by a minor;
• Inciting a minor to undergo sexual mutilation or to commit such mutilation;
• Offences of sexual offences and attempted sexual offences;
• Incitement to commit a felony or misdemeanour against a minor;

Erasure procedure: who to contact and how it works

Request for erasure: public prosecutor, judicial court, investigating chamber (Who does what?)

If you ask for a B2 entry to be deleted after the hearing, the request is sent to the public prosecutor in the jurisdiction where you were convicted (in the case of multiple convictions, to the court that handed down the last conviction).

And if you are a French citizen convicted abroad, some applications are made to the criminal court in your place of residence or to the criminal court in Paris if you still live abroad.

The public prosecutor will examine the request and may ask for further investigations if necessary.

The application will then be sent to the court, which will summon you to appear in chambers (a hearing without an audience).

The judge will take into account the opinion of the public prosecutor as well as your arguments and those of your lawyer.

If the request is refused, you can either appeal or submit a new request for deletion after 6 months.

Request for erasure: plan, elements to prove, documents to enclose

An effective request is one that is easy to read. It must show :

• what exactly you are requesting (deletion of an entry from bulletin no. 2, and therefore from bulletin no. 3),
• why it is necessary (reintegration, employment, competitive examination),
• what you have done since (stability, conduct),
• what you have performed and repaired (payment, compensation).

The application must be accompanied by the following supporting documents:

• request, a letter explaining why you are asking for a “blank” B2 and why it is necessary for your reintegration.
• copy of both sides of a valididentity document (CNI/passport/residence permit).
• proof of completion of sentence: payment of fines and court costs (receipt from the Treasury, “fines”, statement, etc.) or proof of compensation to the victim if any (receipts, bank transfer, letter from the plaintiff’s lawyer, etc.).
• proof of address or accommodation.
• proof of blockage : promise of employment conditional on B2, refusal of authorisation, CNAPS refusal, application file for a competitive examination, letter from the authorities, etc.
• proof of stability or reintegration : work contract, pay slips, employer’s certificate, training, diplomas, proof of professional experience, etc.

Request for erasure: drafting structure

An effective application is short, factual and organised like a file: each statement must be supported by a document.

• Identity, contact details, details of the conviction (date, court, sentence handed down).
• Subject : “request that the entries in bulletin no. 2 be deleted”.
• Situation since conviction : work, training, family, care, no new offences.
• Enforcement: fine paid, sentence enforced, bans lifted, damages paid.
• Current impact : job blocked, competition, project with evidence.
• List of numbereddocuments + clear request + polite formula.

If your request is likely to be refused (nature of the facts, victim, bans), GOLDWIN AVOCATS in Paris can help you frame a precise, documented request that is consistent with your project.

Cost of a request for erasure and the benefits of a criminal lawyer

How much does a request for erasure cost?

The cost of a request for erasure depends above all on the route chosen and the support provided.

There is generally no filing fee for the request itself, but you should allow for the costs involved in compiling the file (copies, supporting documents, any extracts, registered post).

If you are assisted by a lawyer, the fees will vary depending on the complexity of the case (nature of the facts, repeat offences, professional issues, volume of documents, possible hearing). An estimate and a fee agreement can be used to set the budget from the outset.

The real hidden cost is procedural error: the wrong report card, the wrong jurisdiction, an unproven case. And that takes months.

When the support of a criminal lawyer really makes a difference

A criminal lawyer is especially useful when the request does not simply involve “attaching papers”.

They help you choose the right course of action (erasure, exclusion from the B2, rehabilitation), check your eligibility and submit your application at the right time.

They structure a clear application, based on the law, and build a convincing case:

• full execution of the sentence
• stability,
• no repeat offences,
• and demonstrated professional blocking (promise of employment, approval, competitive examination).

It anticipates sensitive points (violence, repeat offending, prohibitions) and manages exchanges with the public prosecutor’s office, and even the representation if a hearing is scheduled.

The result is a case that is more coherent, clearer and harder to dismiss.

After the decision: check, correct and manage blocking cases

How to check that the locker has been updated

After a favourable decision, it is important to check by requesting your B3 again or by asking to be given the information on the B2 orally to check what appears.

Keep the decision too: it’s your proof in the event of a technical discrepancy. And if your project is administrative (competitive examination, naturalisation), document your file with the decision and the new extract if necessary. Don’t let an “update bug” derail your project.

Application refused: common reasons and options

Refusals are most often due to recurring reasons: incomplete file, insufficient justification for serving the sentence, compensation for the civil party not demonstrated, professional project too imprecise, nature of the facts not compatible with the requested erasure, or request not well-founded from a legal point of view.

Following a refusal, there are several possible avenues depending on the procedure:

• appeal, where available,
• or submitting a new request.

However, a new request for erasure can only be made after a period of 6 months has elapsed since the refusal.

Always ask for the reasons for the refusal to be given and correct exactly what has been criticised (missing document, undated proof, argument that is too general). In practice, reproducing the same application leads to the same result.

Conclusion

The aim is not to erase a history, but to remove a concrete obstacle. If a mention on the B2 bars you from a job, competition or accreditation, the right approach is methodical: check the deadlines, prove that the sentence has been served in full and document your current situation.

Depending on the case, you can wait for the automatic deletion, submit a targeted request, or apply for a judicial pardon to obtain a broader deletion of the entries.
If your project does not tolerate approximation or if the case is complex, Goldwin Avocats, an expert criminal law firm in Paris, can help you to make a fully controlled application and thus increase your chances of success.