Criminal Records in Switzerland: Access, Deletion, Consequences

The VOSTRA System

The Swiss criminal record is a computerised register called VOSTRA, governed by the Criminal Records Act (CRA) since 23 January 2023, maintained by the Federal Office of Justice (FOJ).

Recorded Information (art. 17 et seq. CRA)

Convictions for felonies and misdemeanours by Swiss courts, certain minor offences (art. 18 CRA), certain foreign convictions, and pending proceedings (art. 24 CRA). Dismissals and non-prosecution orders are not recorded in the criminal record.

Access

Private Extract (art. 38 CRA)

Any person may request their own extract. Different types exist: standard extract (convictions still recorded) and special extract for work with children/vulnerable persons (art. 41 CRA, includes activity prohibitions). Authorities have access to a more comprehensive extract (art. 46 et seq. CRA).

Deletion (art. 29 CRA)

1. Imprisonment over 5 years: after 20 years
2. Imprisonment 1-5 years: after 15 years
3. Imprisonment up to 1 year: after 10 years
4. Monetary penalty/community service: after 10 years
5. Fine (minor offence): after 5 years

Periods run from the judgment date.

Consequences

Employment: Employers may request an extract if the position justifies it (proportionality, art. 328b CO by analogy).

Residence: Convictions may lead to permit revocation (art. 62 para. 1 let. b LEI).

Naturalisation: Art. 11 let. b NA requires respect for public security. A significant criminal record is an obstacle.

Rehabilitation

Swiss law has no formal rehabilitation procedure. Automatic deletion serves as rehabilitation. Some ancillary consequences may persist beyond deletion.