The criminal record certificate is regulated by Law 290/2004 and is the instrument that helps to identify individuals or legal entities that have committed offenses, serving as a history of their criminal record. The criminal record contains criminal records, data on the initiation of criminal proceedings or data on preventive arrest.
The criminal record certificate is NOT a document that the employer is obliged to ask for at the time of hiring, as a rule.
However, for some jobs, an additional proof is necessary to provide a guarantee that the person being hired is of good character and has the moral probity required for the job. Thus, in the cases expressly mentioned in the special laws, it is mandatory to ask for a criminal record at the time of hiring, while in the other situations, where it is not expressly specified, it is strictly forbidden.
The positions for which a criminal record certificate is required for employment are:
- civil servant;
- legal adviser;
- administrator;
- security and protection staff – guards, bodyguards;
- general practitioner;
- dentist;
The General Data Protection Regulation provides that the processing of personal data relating to criminal convictions and offenses or related security measures is carried out only under the control of a state authority.
So, an employer can be fined for violating GDPR, by the National Supervisory Authority for Personal Data Processing (ANSPDCP), if it requires a criminal record certificate for employment in a position for which the law does not require this.