During the hearing, the accused person may request, before the judge announces the sentence, that the conviction not be entered on ballot papers No 2 and No 3 of the criminal record. This is a request for exemption from registration on the criminal record.

The judge makes his decision based on the facts of the case and the situation of the accused person. If the request is accepted, no mention is made on bulletins n°2 and n°3. However, it appears on Bulletin No. 1 of the criminal record.

For certain offenses, the exemption from registration cannot be requested. These include:

• Murder or murder
• Pimping a minor
• The use of child prostitution
• Sexual assault or rape (of an adult or minor)

A person sentenced for a crime, one offense or a contravention may request a judicial rehabilitation.

The judicial rehabilitation results in the erasure of the convictions which appear in bulletins No 2 and No 3 of the criminal record.

In order to obtain a judicial pardon, the convicted person must submit a request to the public prosecutor of his or her domicile.

The request must be in writing and must state the reasons on which it is based. Indeed, the perpetrator of the offense must argue his case. In particular, he must prove that he has behaved impeccably since his conviction. On the other hand, if he has been fined, he must provide proof of payment. If he has been ordered to pay damages to the victim, he must prove payment of that sum.

The application must relate to all entries of convictions handed down which have not already been deleted. It must specify the date of conviction and the places where the convicted person has lived since his release.

Time limits for requesting a judicial rehabilitation vary according to the sentence handed down:

• 1 year for contraventions
• 3 years for correctional sentences
• 5 years for criminal penalties

These time limits shall run from a date which depends on the sentence imposed:

• In the case of a fine, the period shall begin on the day on which the fine becomes definitive
• In the case of prison sentences, the period shall begin on the date of final release or parole, if not canceled
• For other penalties, the time limit shall begin at the time when the penalty has been served

If the court accepts the application, the references to convictions shall be deleted from bulletins No 2 and No 3. They remain on Bulletin 1.

If the application is rejected, the convicted person may make a new application after a period of 2 years.

The adult aged 18 to 21 can request the removal of a sentence on Bulletin No. 1 of his criminal record. To do so, he must send a request to the president of the court that convicted him or of the investigating chamber if the sentence was handed down by a judge court of assize.

The young adult may apply for the withdrawal of a sentence after a period of 3 years following his conviction.

It is necessary that he has executed his prison sentence and the potential additional penalties which were pronounced against him. If he has been fined, he must also justify his payment. Finally, he must demonstrate the positive developments in his situation since the time of the infringement.

If the request is accepted, the conviction is removed from the Criminal Record Bulletin No. 1.

Automatic deletion of entries in B2 and B3

After a certain period of time, the references to convictions are automatically erased from bulletins No. 2 and No. 3 of the criminal record. That's what we call the legal rehabilitation.

This rehabilitation can benefit anyone sentenced to a criminal sentence, correctional or counter-claim that was executed.

The convicted person does not have to go through the process of being rehabilitated. Legal rehabilitation takes place automatically after a delay that varies depending on the sentence handed down:

• For fines, 3 years from the payment of the fine
• For sentences of less than 1 year, 5 years from the end of the sentence (e.g. 5 years from the end of the prison sentence)
• For sentences of less than 10 years’ imprisonment, the period shall be 10 years from the expiry of the sentence
• For sentences of reprieve, those three periods shall run from the day on which the conviction is non-avenue. For example, the offender may be sentenced to imprisonment with a two-year suspended sentence. If he does not commit a new offense for 2 years, his stay ends. Thus, he does not serve a prison sentence and the conviction is erased from the B2 of his criminal record, after the period of legal rehabilitation.

For the pardon to be automatic, the convicted person must not have committed a new criminal or tortious offense during those periods.

These delays are doubled in the event of a repeat offense.

Automatic deletion of entries in B1

All convictions are erased from the B1 after a period that varies depending on the offense committed or the sentence handed down. These include:

• Criminal and tortious sentences handed down for more than 40 years, if they have not been followed by a new correctional or criminal conviction
• Conviction sentences handed down over 3 years ago
• Penal compositions pronounced more than 3 years ago, except in the event of a new conviction or a new composition of the penal system during this period
• Convictions with waiver of sentence