How to Obtain a Criminal Record Certificate in Romania

A criminal record certificate (certificat de cazier judiciar) is the Romanian version of a criminal background check. The certificate contains a full historical report of the presence, or absence, of criminal charges, convictions, and fines of Romanian and foreign citizens. The report (also known as the local judicial record) is obtained from the records department of police stations in most major cities in Romania.

The criminal record certificate is required to complete numerous bureaucratic functions in Romania. Some of the processes in the country that require the certificate are things like applying for a job or obtaining a driver’s license. In fact, the criminal record certificate is so widely requested and used in Romania that in the first 6 months of 2017 nearly 150,000 requests were made for one.

Because the Romanian criminal background certificate is so frequently needed, chances are if you’ve moved, or are planning on moving to Romania, you’ve encountered a demand for one. Although it’s not the most difficult document in the country to obtain, it still requires that you know a few things about it before you attempt to get one. Our guide breaks down everything you need to know.

Obtain Criminal Record Certificate – Table of Contents

• Contents of a Romanian Criminal Certificate
• Uses for a Romanian Criminal Certificate
• Obtain a Criminal Record in Romania
• Obtain Romanian Criminal Record Abroad
• Criminal Certificate Future Legislation

Info Contained on a Romanian Criminal Record Certificate

The Romanian criminal record certificate contains a detailed history of an individual’s criminal record pertaining to the country of Romania. Although most criminal records contained on the certificate are those which occurred in Romania, a certificate can also contain records of crimes committed in other countries. Records of prosecutions from other countries are issued on Romanian criminal certificates if the judgments were recognized by the competent Romanian authorities.

Since 2012, Romania has also been a participant in the European Criminal Records Information Exchange System (ECRIS). The ECRIS is a system set up by the European Union Commission in order to allow EU member states to quickly and easily exchange criminal record information with one another. Criminal information exchanged through the ECRIS is issued in a standard format that is valid and accepted across the entire EU.

The criminal history contained on a Romanian judicial record is the exact same information that would be exchanged through the ECRIS system upon request. Even though the Romanian criminal record certificate only contains records relating to criminal offenses, some of the records might appear similar to civil penalties. The reason for the similarity is that in Romania some criminal misconducts are punished by civil fines.

Criminal Record Certificates in Romania Contain the Following Info

• Criminal prosecution of acts deemed illegal in the country of Romania;
• Penalties, safety and educative rehabilitation punishments issued by court decision;
• Pardoning or amnesty granted of charges levied against the individual;
• Final judgments requiring a criminal record be amended or corrected;
• Forbidding of holding certain jobs, professions, or being in certain areas;
• Information relating to extradition.

Although a Romanian criminal record contains the majority of crimes and penalties an individual allocated throughout his adult life, there are a few things the record does not contain.

Situations Not Contained on a Romanian Criminal Record Certificate

• An individual’s criminal record as a minor (prior to the age of 18);
• Charges in which the result ended with the finding being innocence;
• Charges in which 20 years have passed since the conviction;
• Past charges in which the criminal act is now deemed legal in Romania.

Uses for a Romanian Criminal Certificate

As mentioned at the start of this article, criminal record certificates are requested by many bureaucratic, as well as private, organizations within Romania. The reasons why the certificate is requested vary across different establishments.

Government organizations like driver’s license bureaus require one to verify that an applicant hasn’t committed criminal offense related to driving. Private sector institutions like employers might request one to screen an applicant’s past as a form of liability protection.

Whatever the reason may be that an organization requests a Romanian criminal record certificate, the duty for the requester is to obtain and provide it. Many functions in the country cannot successfully be completed without first providing a criminal record. Below is a list of just some of the functions that require one.

Reasons a Romanian Criminal Record Certificate Might be Needed

• Obtaining a Romanian Driver’s License;
• Applying for Certain Romanian Jobs;
• Appearing Before a Court of Law;
• Visa, Residency, and Citizenship Applications (certain situations);
• Certain Adoption and Child Care Functions.

How to Obtain a Criminal Certificate in Romania

Compared to obtaining other official documents and certificates in Romania, obtaining a criminal record in the country is relatively quick and easy. The trend for keeping the process simple continues in 2017 with the issuance of order nr. 1/2017 which completely eliminates all costs related to obtaining the record.

Before I get into the details of how to obtain the judicial record, I’ll answer the question of who can obtain one. The law states that any individual over the age of 14 can obtain a criminal history record in Romania. That means even individual’s who are not Romanian citizens, as long as they have valid Romanian identification.

Children under the age of 14 can also obtain the criminal record certificate through the issuance of their parents. Individuals who have valid Romanian identification but are located abroad also have two options of obtaining a Romanian criminal record while living abroad.

 Steps Required for Obtaining a Romanian Criminal Record Certificate

1. Locate a police sub-unit (station) near you which contains a criminal record desk (ghișeu de cazier judiciar). Most major police stations have the records desk. You can search engine the term “certificat de cazier judiciar” along with your city name to find exact locations.
2. Complete and sign the application (cerere) for obtaining the criminal record.
3. Gather your Romanian ID, i.g., passport, residency card, bulletin, or provisional ID.
4. Present the application and ID card at the criminal record desk of the police station.

Steps No Longer Required

These steps were eliminated with Legii nr. 1/2017

• Pay 2 LEI timbru tax;
• Pay 10 LEI issuance tax.

The criminal record certificate is then either issued to you on the spot or under certain conditions within 3 days. If you are told your request can’t be fulfilled the same day, you will be asked to return at a minimum of 3 days from the day of your attempt.

Once you are issued the certificate, it is valid for 6 months from the date of its issuance. Most institutions that require a criminal record history from an individual will either only request a copy or will issue you the original back. Under rare circumstances, an official copy might be kept by an organization.

Obtain a Romanian Criminal Certificate While Abroad

As alluded to in previous sections, individuals with valid Romanian identification can obtain a Romanian criminal record certificate even while domiciled abroad. The process for doing so, however, differs greatly to that of those living domestically.

A person living abroad who wishes to obtain a Romanian criminal history record has two options in doing so. The first option is through a diplomatic mission or consular office of Romania. The second option is through the use of power of attorney.

A criminal record certificate obtained by an individual who is domiciled abroad has the same legitimacy and function as one obtained domestically. The difference is that Romanian criminal certificates issued abroad are used specifically and exclusively abroad.

Obtain a Criminal Certificate Through Diplomatic Missions or Consular Office

Obtaining a criminal record while abroad through a diplomatic mission or consular office was an unpopular option for many individuals because the process previously took a minimum of 30 days for issuance. Because many individuals residing abroad needed a criminal record certificate issued sooner than 30 days, the Romanian law was amended to provide a faster option.

In 2016, Government Ordinance no. 1/2016 was issued which amended Law no. 290/2004 pertaining to obtaining a criminal record abroad. The new amendment changed the required days of issuance from 30 days to 10 days. To further make the process easier, in 2017, law nr. 1/2017 was passed which completely eliminated the 50 EUR fee that was previously required.

The new amendments and laws for obtaining a Romanian judicial record while abroad through a diplomatic mission or consular office have made a once unpopular option much more viable. Keep in mind, however, although the certificate is issued within 10 days of the request, it might still take up to a couple of months for its arrival by courier.

In order to obtain a criminal record certificate while abroad through a diplomatic mission or consular office, you must follow the below steps.

1. Locate the Romanian diplomatic missions or consular office in the foreign country.
2. Visit the Romanian Consular Online Desk and follow the below steps.

• Create an Account
• Select obtain Romanian documents “Obținere acte din România”
• Select judicial record (cazier judiciar)
• Select the consular office nearest to you.
• Fill out the request for the Certificate.

After the application for the request is submitted, it is issued to the IGPR Judicial Finding Directorate. The directorate then carries out the background check and mails the physical certificate to Romania’s Minister of Foreign Affairs (MAE). The MAE then verifies the document and mails it to the requester through diplomatic courier.

Obtain a Romanian Criminal Record Certificate Through a Proxy

Another option for individuals residing abroad to obtain a Romanian criminal record certificate is through the use of a 3rd-party, referred to as a proxy. The process involves you granting power of attorney to an authorized person to act on your behalf and obtain the criminal record certificate from within Romania.

This option can be used to greatly speed-up the amount of time it would take an individual to receive their judicial record while living abroad. The downside to this option is that it’s more costly than other options. The rates charged for power of attorney vary from lawyer to lawyer but are typically over 100 euro.

Requirements for a Proxy to Obtain a Romanian Criminal Record Certificate

• Completed application with the requester’s information;
• Valid Romanian identification of proxy;
• Copy of Romanian identification of requester;
• Notarized or apostilled (depending on Hague Convention) power of attorney mandate stating in clear terms who was mandated and the purpose and duration of the mandate.

Criminal Certificate Future Legislation

In 2016, new legislation was proposed to streamline the process of obtaining a Romanian criminal record certificate for individuals living abroad. Because the current process of obtaining a judicial record for those living abroad requires multiple bureaucracies, the process takes longer than necessary and inconveniences many.

The new ordinance proposes a solution that would allow residents domiciled abroad to receive a criminal certificate on the spot at a Romanian embassy or consulate. The ordinance would allow MAE officials to instantly search the Romanian criminal database directly from embassies and consulates and print the reports on the spot.

The proposed ordinance is a common-sense solution that comes with virtually no financial burden to Romania. The system and database for allowing electronic record sharing of criminal histories with foreign governments across the EU is already set up through the ECRIS. The next step is for the Romanian government to allow private citizens to benefit from the digital infrastructure.