Certificate of Good Conduct - fail!

[sockpuppet1691]

So I'm supposed to start a new job soon and as part of the process asked me to provide a 'certificate of good conduct'.

No problem so far... so I applied online at the Bundesamt for Justice, paid my €13 and waited. And now it just arrived

13 years ago I got a DUI in the UK and although it is now considered 'spent' under UK law and does not need to be disclosed my potential employer will now see it, as the report included it. I guess the German police check is way more thorough than the UK one as this never showed up before.

My driving license is clean (offence was over 7 years ago) but will this mean I get rejected by the employer? Does anyone have any experience?

Ok so driving with excess alcohol is bad and I was banned for 12 months (no accident, no-one injured, only just over the limit when caught on my way to work on the morning etc etc). Since then no other convictions, not even a parking ticket and certainly nothing here in German.

My clean record isn't so clean... the job is in IT and homeworking, no driving needed (don't even have a car), don't work with vulnerable people or anything.

What do you think?

[Escafusa]

13 years ago I got a DUI in the UK
What do you think?

I think you should not have got into the car.

[sockpuppet1691]

I think you should not have got into the car.

Yes you are right. It was wrong and I accept that. No excuses. What I am after is advice not judgement for something I did 13 years ago.

[Franklan]

Is it a "Führungszeugnis" or "Erweitertes Führungszeugnis"?

[Fraufruit]

.....just over the limit when caught on my way to work on the morning.....

This might set off my spidey senses if you were a potential employee.

[alma.freya]

As abhorrent as drink driving is (and unfortunately very common), I hope this mistake you made 13 years ago doesn't have any impact on your current job prospects.

Were you still over the legal limit after a night out?

Keep us updated and good luck.

[editorL]

So I'm supposed to start a new job soon and as part of the process asked me to provide a 'certificate of good conduct'.

The user "1691" is a sock puppet of another existing user.

While I understand your concerns about posting under the original name, sock puppets are not welcome in this forum.

I will ban user "1691" as soon as this thread has come to an end.

[PandaMunich]

13 years ago I got a DUI in the UK and although it is now considered 'spent' under UK law and does not need to be disclosed my potential employer will now see it, as the report included it. I guess the German police check is way more thorough than the UK one as this never showed up before.

The German polizeiliches Führungszeugnis is just an extract of a central register called Bundeszentralregister: https://www-bundesjustizamt-de.translat ... r_pto=wapp

The DUI (driving under the influence = Alkoholfahrt) should no longer have appeared in your polizeiliches Führungszeugnis after more than 3 years have elapsed, in accordance with § 34 (1) Nr. 1 BZRG: https://www.gesetze-im-internet.de/bzrg/__34.html
see the last answers by a lawyer in this thread: https://www-frag--einen--anwalt-de.tran ... r_pto=wapp

Please also read:

• newspaper article: https://www-n--tv-de.translate.goog/rat ... r_pto=wapp

• written by a lawyer: https://gramm--recht-de.translate.goog/ ... r_pto=wapp

• written by another lawyer: https://www-anwaltskanzleischmid-de.tra ... r_pto=wapp

******************************************************************************************************************************

However, your case is complicated by the fact that this UK DUI is probably not even listed in the German Bundeszentralregister (they can enter convictions against German residents into it, but don't have to), see here: https://www-fachanwalt-de.translate.goo ... r_pto=wapp

• If necessary, foreign convictions against Germans, persons born or resident in Germany are also registered. The relevant requirements for registration must be met for this.

Since you (also) have UK citizenship, what was applied for (this happens automatically if you also hold EU/UK citizenship) was a "Europäisches Führungszeugnis", i.e. this DUI data was simply provided by the UK and nobody checked whether it should still be listed under German rules: https://www.bundesjustizamt.de/DE/Theme ... ument98510

• What is a European Certificate of Good Conduct?
  You will receive a European Certificate of Good Conduct if you have the nationality of one or more other member states of the European Union or the United Kingdom of Great Britain and Northern Ireland in addition to or instead of the German certificate of good conduct. In addition to the German certificate of good conduct, it contains information on entries in the criminal record of your home Member State in the language transmitted, provided that your home Member State provides for transmission in accordance with its law.
  
  Depending on the application, a European Certificate of Good Conduct is issued either as a private certificate of good conduct, as a certificate of good conduct for submission to an authority or as an extended certificate of good conduct.
  
  § Section 30b BZRG: https://www.gesetze-im-internet.de/bzrg/__30b.html
  
  If you apply for a European Certificate of Good Conduct, the BfJ will ask your home Member State to provide the content of the register there so that it can be included in the certificate of good conduct. The information provided will not be translated or its content checked.
  
  The European regulations grant the Member State of origin a period of twenty working days to transmit the report.
  
  The Member State of origin only responds to a request for notification of the contents of the register there in accordance with its national law. Certain EU Member States have not (yet) implemented corresponding legal provisions that would allow the provision of register information for a European Certificate of Good Conduct.
  This also applies to British citizens from January 1, 2021 due to the provisional application of the trade and cooperation agreement negotiated between the EU and the United Kingdom of Great Britain and Northern Ireland.

--> you will probably have to get this "repaired" at the source, in the UK: https://unlock.org.uk/advice/what-will- ... ed-by-dbs/

[Escafusa]

The user "1691" is a sock puppet of another existing user.

Does sock puppet mean one person with two accounts?

[Franklan]

Does sock puppet mean one person with two accounts?

https://en.wikipedia.org/wiki/Sock_puppet_account

[sockpuppet1691]

I will ban user "1691" as soon as this thread has come to an end.

Understood... fair enough. Apologies but this is 'sensitive' for me

[sockpuppet1691]

Is it a "Führungszeugnis" or "Erweitertes Führungszeugnis"?

"Europaisches Fuhrungszeugnis"

[Fraufruit]

@editorL

Just to clarify, is it OK to request a sock puppet account from you and only use it for the sensitive subject?

Easy to see how someone may want to ask for help for certain things anonymously.

[sockpuppet1691]

--> you will probably have to get this "repaired" at the source, in the UK: https://unlock.org.uk/advice/what-will- ... ed-by-dbs/

Thank you for the really helpful explanation and advice. I'll try to get it removed for 'the future' and I guess I will just have to see what my current potential employer thinks when I 'declare' what doesn't need to be (legally) declared.

For Admins reading; I guess if there are no more helpful tips by end of the day this thread [and profile] can be deleted.

This is a bad Sunday for me and is reminding me of the worst period of my life that seems it's coming back to haunt me. I've gone from being really excited about a new job (I'm unemployed) to despondent but that's for another thread.

Going for a walk...

[editorL]

@editorL

Just to clarify, is it OK to request a sock puppet account from you and only use it for the sensitive subject?

Easy to see how someone may want to ask for help for certain things anonymously.

Sure, but the sock puppet account will be blocked once the question is answered.

[Krieg]

You can consider activating the anonymous posting functionality from phpBB. You can configure it in such way that the user decides to post anonymously but an admin has to approve the post.

[Escafusa]

For Admins reading; I guess if there are no more helpful tips by end of the day this thread [and profile] can be deleted.

Do entire threads need to be deleted? It might contain information that is useful to someone in the future who has to apply for the document in question.

[kiplette]

Editor L has said that he would ban/block the user and hasn't mentioned deleting the thread.

Which seems sensible, since as you say the content is of general interest.

[Fraufruit]

Editor L has said that he would ban/block the user and hasn't mentioned deleting the thread.

Which seems sensible, since as you say the content is of general interest.

Exactly. Reading fail.

The person can always request for the thread to be deleted I guess.

So, first new rule on HappyTT.

[Escafusa]

Editor L has said that he would ban/block the user and hasn't mentioned deleting the thread.
Which seems sensible, since as you say the content is of general interest.

Exactly. Reading fail.

No, not at all. I never said that Editor L had mentioned deleting the thread. If you read the thread though, you will see that the OP mentioned it.