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Having a criminal record can have consequences in many areas. Who can access it ? Can he become a virgin again, cause a dismissal or motivate a divorce?
Who can access it ?
Only the judicial authorities, certain administrations and yourself can have direct access to your criminal record. If anyone else did, they would be fined €7,500.
Criminal record number 1, (B1) to which justice has access, contains all convictions, file no. 2 can be consulted by the administration, while sheet no. 3 can be viewed by you. The latter is much more restricted and contains only the most serious convictions, greater than 2 years in prison.
Someone may ask you to provide an extract from your criminal record (employer, lessor, to check your character), you are free to refuse, it is your right.
Can he become a virgin again?
The law provides that the file becomes totally blank again after 40 years. But this delay is long, and there are other ways to achieve it. First of all the law of amnesty and rehabilitation. The latter can be automatic, so the locker will be erased without you even knowing it. But most often, it is done at the request of the person concerned, assisted by a lawyer. The erasure can be total or partial. These are generally inconvenient convictions, minors who were convicted when they became adults or convictions concerning young adults.
Can I be refused a job?
Some professions are regulated (taxi driver, courier, security guard, airport jobs, etc.). The employer must then ask you for your criminal record. If you do not provide it or if it is not empty, the employer will not be able to hire you. All other employers can ask you for your criminal record, but they cannot refuse you a job because of it, unless it is completely incompatible with the functions for which you are intended (for example, a bank teller previously convicted of embezzlement).
Can I be fired?
A distinction must be made between convictions before hiring and those that occurred during the employment contract. If it is before, the employer will not be able to dismiss the employee (except in the case of a regulated profession). On the other hand, if the condemnation occurs during your activity, we will check whether or not this condemnation is compatible with your professional activity. If your employer dismisses you and you believe that the conviction was compatible with your activity, you can then seize the prud’hommes. But case law assesses the seriousness of the dismissal very differently.
Is this ground for divorce?
If the conviction was pronounced before the marriage, this may constitute a cause for the annulment of the marriage. Indeed, if we manage to prove that it is a serious fault and that we were wrong about the essential qualities of the person we married, the courts can sometimes pronounce the annulment of the marriage.
If it is a condemnation that occurs during the marriage, then it will be necessary to prove that the condemnation makes living together intolerable and that it is a violation of the duties and obligations of marriage.
What impact in the event of a new violation?
In case of recidivism, there can be a triple impact of the criminal record.
First, the doubling of the sentences incurred and the application of minimum sentences (prison); Second, if a stay had been granted on a previous conviction, it will automatically be revoked. Unless this conviction was pronounced more than 5 years ago, or by a special decision of the court. Finally, during the judgment, the court checks your personality and your criminal record.
Société d’Avocats Damy , Nice, My criminal record is not clean; 2022 Update
