You are sitting with some convictions on your criminal record from your rash years and would rather get rid of them than get rich, right? After all, certain jobs or functions require a blank criminal record. You can, at least in the majority of cases. We are happy to explain how to achieve this.
There are two ways.
First, there is the automatic erasure (Article 619 Sv.), also known as the legal rehabilitation or automatic restoration of honour mentioned. This means that certain sentences disappear from the criminal record by themselves three years after sentencing. The erasure happens automatically, meaning no special conditions have to be fulfilled. The erasure also happens 'repetitively', meaning without a maximum number of times. The consequences are the same as those of a restoration of honour and rights (see below).
It is important to note, however, that the exchange only applies with regard to police penalties (a principal sentence of 1 to 7 day(s) of imprisonment, 20 to 45 hours of community service or a fine of up to EUR 200 (including current surcharges)).
However, an important exception to this concerns police penalties, where a disqualification or disqualification has been pronounced for a period longer than three years. For example: the lifetime driving ban.
In the latter case, you will still necessarily have to turn to the second option, namely the procedure of the restoration of honour and rights (Articles 621 - 634 Sv.).
Indeed, the sentences, which are not eligible for automatic erasure, can disappear from the criminal record only after a court decision.
In the first instance, a letter is sent by (the counsel for) the convicted person (natural person or legal entity!) to the public prosecutor, listing the relevant convictions and permanent residences during the trial period, requesting that he/she be willing to collect the required documents and information and subsequently transmit the file to the public prosecutor at the Court of Appeal.
It is then the Chamber of Indictments (hereinafter: KI) at the Court of Appeal, which will start assessing the application for restoration of honour and rights and whether the conditions have been met.
The first condition is that the custodial sentences incurred complete must have been executed and fines, court costs, restitution, damages, etc. integral must be fulfilled. Only when the non-fulfilment is not due to the convict himself, the KI can relieve the convict of some or even all of these obligations. Another option is for the convict to wait until the sentences imposed are time-barred.
Internment, on the other hand, unfortunately does not qualify for this procedure, as this is not a punishment, but rather a so-called security measure.
As a second condition, the convicted person must complete a so-called trial period have gone through, where he must have had a permanent residence in Belgium or abroad, and where he must have shown good behaviour and improvement (i.e. no new convictions).
The probation period then starts as soon as the convicted person has served his sentence in full or on which he is conditionally released and amounts to 3 to 10 years, depending on the nature and duration of the sentence imposed.
A third condition is that the convict must not have enjoyed restoration of honour and rights in the past 10 years.
Fourthly, an additional condition applies specifically to persons convicted of offences of voyeurism, rape, indecent assault or moral offences against minors: namely, an opinion must be sought from a service specialising in the counselling or treatment of sex offenders before honour restoration can be granted.
The latter condition is motivated by the high level of social distrust of (former) sex offenders. Therefore, for this category of persons, the legislator has tried to limit the possibility of restoration of honour and rights as much as possible.
Finally, if rehabilitation is granted by the CI, this has advantages not only on a social level for the convicted person, whose reclassification benefits, but also on a criminal level. Indeed, if the convicted person has to answer for new offences, the criminal past will no longer be able to be taken into account for the application of the rules on deferral and suspension and recidivism and he or she will start with a clean slate, so to speak.
If you would like to know more about this or check whether you meet the conditions, you can always contact us. We will be happy to assist you.
