Romanian Citizens Abroad and the Criminal Record Certificate
Romanian citizens living abroad may obtain a criminal record certificate:
- through Romanian diplomatic missions or consular offices Romanian diplomatic missions and consular offices may issue criminal record certificates. They may also issue, upon request, certificates with the legal value of a criminal record certificate, which can be used exclusively abroad, provided that this type of document is recognized by the authorities of the country of residence.
When the application is submitted through Romanian diplomatic missions or consular offices, the criminal record certificate is issued within a maximum of 30 days from the date of submission, and certificates (attestations) are issued within 10 days from the date of request.
The criminal record certificate / criminal record attestation may be requested in person or through an authorized representative holding a special power of attorney.
- from Romania, through authorized representatives or through an authorized representative holding a notarized power of attorney
The criminal record certificate for a natural person may be requested through an authorized representative based on a notarized power of attorney, authenticated by a public notary. The power of attorney is submitted in copy, accompanied by the original, which will be returned after verification.
A power of attorney executed abroad may be authenticated by Romanian diplomatic missions or consular offices, or by a foreign notary, in compliance with the requirements for the legalization of foreign official documents. States that are parties to the Hague Convention of 5 November 1961 must have the apostille applied, except for countries with which Romania has concluded conventions, treaties, or agreements on legal assistance in civil matters providing for exemption from any legalization: Albania, Austria, Bosnia and Herzegovina, Bulgaria, Czech Republic, Croatia, Russian Federation, former Yugoslav Republic of Macedonia, France, Mongolia, Montenegro, Poland, People’s Republic of China, Republic of Moldova, Serbia, Slovakia, Slovenia, Ukraine, and Hungary.
A power of attorney executed abroad in a language other than Romanian must be translated by an authorized translator in Romania.
At the counter, the authorized representative shall present the original power of attorney, accompanied by a copy, and, where applicable, the authorized translation.
The authorized translation is attached to the application together with the copy of the power of attorney, on which the designated officer will write “true to the original,” indicate the date, sign, apply the stamp, and return the original after verification.
According to Article 2015 of the New Civil Code, the validity of a power of attorney is 3 years from the date of execution, unless the parties provide for a different term.
The criminal record certificate for a natural person may also be requested in Romania through an authorized lawyer, in which case the lawyer will appear at the police counter with a lawyer’s mandate, issued in accordance with Law no. 51/1995 on the organization and practice of the legal profession (republished, as amended and supplemented) and with the Statute of the Legal Profession, adopted by Decision of the Council of the National Union of Romanian Bars no. 64/2011, as amended and supplemented.
The lawyer’s mandate is a document that has the legal significance of a power of attorney, by which the lawyer is authorized by the client, based on the concluded legal assistance contract, to assist and/or represent the client before courts of law and judicial authorities, criminal investigation bodies, public authorities and institutions, as well as before other natural or legal persons, and/or to carry out other activities covered by the contract.