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annual report 2011
convictions and other criminal law decisions are recorded. However, not all
information is necessarily included in a criminal record certificate. It depends
on the type of certificate.
There are three different types of criminal record certificates: criminal record
certificates for public use, private criminal record certificates and ‘child certificates’. In brief, a criminal record certificate for public use includes more types
of information and may also include older information than a private criminal
record certificate. A ‘child certificate’ contains information about any sexual
offences against children aged under 15 years. A citizen may request a private
criminal record certificate from the police. The other two types of criminal
record certificate are not issued to individual citizens, only to authorities etc.,
and only in certain types of cases.
Incidentally, an authority cannot obtain a private criminal record certificate or a
child certificate without the consent of the person covered by the certificate. As
a general rule, this also applies to criminal record certificates for public use. In
the case of private criminal record certificates, employers will often ask applicants to obtain the certificate themselves.
When is it allowed to demand a criminal record certificate?
Information about criminal matters is confidential. An authority is therefore
only allowed to request a criminal record certificate if it is for a legitimate
purpose and necessary. In other words, an authority may not request a criminal record certificate unless it has a legitimate use for the information in the
certificate and unless it is necessary in order for the authority to carry out one
of its tasks. However, even if there are good reasons why an authority wants to
request a criminal record certificate, there may also be good arguments against
it, especially consideration for the person covered by the certificate. Before an
authority requests a criminal record certificate, it must therefore consider pros
and cons, but for some types of jobs, criminal record certificates are probably
requested more or less as a matter of routine.
In addition, there are certain jobs for which a child certificate must always
be obtained before a person is appointed. This applies to positions where the
employee will be in direct contact with children aged under 15 years. These
rules are laid down in the Act on Child Certificates, and various orders list the
positions covered by the rules. An authority may also request a child certificate
for applicants for jobs other than those covered by the provisions of the Act on
Child Certificates if the authority has a legitimate reason for doing so and if it
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