The criminal record certificate is a document issued to individuals that certifies their criminal status. It is issued to the natural or legal person requesting the document, either in person, through an authorized representative, or through a legal representative.

The criminal record contains records of natural and legal persons who have been convicted or against whom other criminal or administrative measures have been taken under the Criminal Code, as well as those against whom criminal procedural measures have been ordered.

As of 1 July 2021, it is no longer mandatory to complete a written application in order to obtain a criminal record certificate; only the presentation of an identity document to the police officer at the counter is required.

The criminal record certificate may be requested from any police unit, through the Public Relations Department, regardless of the applicant’s domicile. The certificate is issued on the spot..

Public working hours for issuing criminal record certificates are:

In addition to Romanian citizens, foreign citizens may also request a Romanian criminal record certificate. Romanian citizens may identify themselves with: identity card, provisional identity card, electronic identity card, passport, or any other valid identity document. Foreign citizens may identify themselves with: passport, travel document, residence permit, EU citizen registration certificate, residence card, temporary stay permit, or identity card.

All documents must be valid, except where a legal provision provides otherwise, such as Article 4(5) of Law no. 55/2020 on measures for preventing and combating the effects of the COVID-19 pandemic, which states that “the validity of documents issued by public institutions and authorities, as well as by private entities authorized by law, is maintained throughout the state of alert and for a period of 90 days after its termination.”

Persons domiciled abroad may request the issuance of a criminal record certificate through Romanian diplomatic missions or consular offices, or through an authorized representative directly in Romania.

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 is valid for 6 months from the date of issuance and only for the purpose for which it was requested.

For a minor under 14 years of age, the certificate may be obtained by a parent, legal guardian, or their authorized representative.

For a person with limited legal capacity (minor aged 14–18), the certificate may be obtained personally or through an authorized representative.

The criminal record certificate for a legal entity may be obtained based on a motivated standard application, completed with the legal entity’s identification data, through an authorized representative or legal representative, who must prove this capacity and present the following documents:

     - the original identity document of the applicant;

     - proof of legal representative/authorized representative status for the legal entity for which the certificate is requested, namely Annex no. 38 of Government Decision no. 345/2010, registered at the level of the requesting legal entity.

For authorized natural persons (PFA), sole traders, and family enterprises, since they do not have legal personality, a criminal record certificate for a natural person is issued.

For natural persons, the criminal record includes data regarding:

1. penalties, safety measures, and educational measures ordered by final court judgments;
2. waiver or postponement of the application of a penalty; commencement, interruption, and termination of the execution of penalties and educational measures; suspension under supervision of the execution of a penalty; replacement, rescheduling, and payment of criminal fines;
3. amnesty, pardon, statute of limitations for the execution of penalties, rehabilitation, and the political nature of the conviction;
4. penalties and measures ordered by final criminal judgments of foreign courts, as well as measures taken by foreign criminal judicial authorities, if such judgments have been recognized by the competent Romanian authorities;
5. final judgments requiring corrections in the criminal record;
6. extradition.

For legal persons, the criminal record includes data regarding:

1. penalties and safety measures ordered by final court judgments;
2. commencement, interruption, and termination of the execution of penalties; rescheduling and payment of criminal fines;
3. amnesty, pardon, statute of limitations for the execution of penalties, rehabilitation;
4. penalties and measures ordered by final criminal judgments of foreign courts, as well as measures taken by foreign criminal judicial authorities, if such judgments have been recognized by the competent Romanian authorities;
5. final judgments requiring corrections in the criminal record.

Information not included in the criminal record certificate:

1. criminal sanctions imposed for acts committed during minority;
2. safety measures ordered without the application of a penalty, except for medical hospitalization and prohibition from holding a position or exercising a profession;
3. data relating to persons against whom criminal proceedings have been initiated or against whom one of the preventive measures provided by the Criminal Procedure Code has been ordered. Exception: When the criminal record certificate is issued for registration in the Register of Intra-Community Operators, pursuant to Article 329 of Law no. 227/2015 (Tax Code), as amended, the certificate will also include provisionally recorded data regarding natural or legal persons against whom criminal proceedings have been initiated.

A person recorded in the criminal record system may request the rectification of recorded data or provisional entries if they do not correspond to the actual situation or if the registration was not carried out in accordance with legal provisions.

Bibliography

Law no. 290 of 24 June 2004 (republished) on the Criminal Record

https://b.politiaromana.ro/ro/utile/cazier-judiciar/obtinerea-certificatului-de-cazier-judiciar

https://www.politiaromana.ro/ro/structura-politiei-romane/unitati-centrale/directia-cazier-judiciar-statistica-si-evidenta-operativa/obtinerea-certificatului-de-cazier-judiciar-persoana-fizica