Clearing your criminal record in Belgium: erasure and rehabilitation

An old conviction can still close doors years later: a job in private security, a public-sector post, a licence, a role working with children or even volunteering. In Belgium, there are two ways to clear your criminal record: erasure (uitwissing / effacement), which happens automatically, and rehabilitation (herstel in eer en rechten / réhabilitation), for which you must go through a procedure. Since 1 September 2026, these rules have been aligned with the new Criminal Code. This article explains how both routes work and which one you need.

Criminal record and record extract: not the same thing

The Central Criminal Record (Centraal Strafregister / Casier judiciaire central) contains convictions and certain other decisions. What an employer or public authority gets to see is the extract from the criminal record, sometimes still called a “certificate of good conduct”. Several models exist:

• the standard extract (Article 595 of the Code of Criminal Procedure, Wetboek van strafvordering / Code d’instruction criminelle), which you request yourself from your municipality;
• the extract for a regulated activity (Article 596, first paragraph), which additionally lists, among other things, convictions involving a ban on carrying out that activity;
• the extract for activities involving minors (Article 596, second paragraph), which contains the most information, including on offences committed against minors.

The standard extract never mentions certain decisions, including a suspension of the pronouncement of sentence (opschorting van de uitspraak / suspension du prononcé), a community service sentence, a probation sentence and a settlement (minnelijke schikking / transaction) reached during the proceedings. Other convictions disappear from the standard extract after three years, unless the judgment includes a disqualification or ban lasting more than three years. This applies, among others, to a prison sentence of no more than six months, fines up to a statutory ceiling (4,000 euros for a conviction under the new Criminal Code), a conviction by declaration of guilt, a confiscation and fines imposed under the Road Traffic Act (Wegverkeerswet / loi relative à la police de la circulation routière), whatever their amount (Article 595, as amended by the Act of 11 March 2026).

Erasure: automatic after three years

For convictions under the new Criminal Code, the following principal penalties are automatically erased three years after the day of the final court decision (Article 619 of the Code of Criminal Procedure, as replaced by the Act of 11 March 2026, in force since 1 September 2026):

• a fine of up to 20,000 euros;
• a community service sentence of up to 120 hours;
• a probation sentence of up to twelve months;
• a confiscation;
• a monetary penalty set on the basis of the profit expected or obtained from the offence;
• a community-benefit sentence (dienstverleningsstraf / peine de prestation en faveur de la communauté) valued at no more than 20,000 euros;
• a conviction by declaration of guilt, unless the court decides otherwise for specific reasons;
• an accessory penalty imposed as a principal penalty, unless the court expressly sets a shorter erasure period, which may not be shorter than the duration of that penalty.

Erasure does not apply to convictions involving a disqualification or ban whose effects last longer than three years, except a driving ban (verval van het recht tot sturen / déchéance du droit de conduire) imposed for physical unfitness. A suspension of the pronouncement of sentence is erased when the probation period expires, if it has not been revoked; in any event, it does not appear on the standard extract. Convictions based on the old Criminal Code (as a rule, offences committed before 1 September 2026) remain subject to the former erasure rules; a suspension or a conviction by simple declaration of guilt pronounced before 1 September 2026 is, however, erased under the new rule (transitional provision of the Act of 11 March 2026).

An erased conviction has the same effects as rehabilitation (Articles 619 and 620). Do not assume, however, that an outstanding fine disappears as a result. The victim’s rights to compensation also remain intact.

For convictions dating from before 1 September 2026, it must be checked how the old and new rules apply to your situation. We review this on the basis of your extract.

Rehabilitation: restoring your honour and rights

For convictions that are not automatically erased, rehabilitation is available (Articles 621 to 634 of the Code of Criminal Procedure). The conditions are:

• you have not been rehabilitated in the past ten years (Article 621);
• you have served the custodial sentences and paid the fines, or they have been remitted or are deemed never to have existed, for example after a suspended sentence that was not revoked (Article 622);
• you have paid the damages, restitution and costs, unless you show that this was impossible (Article 623);
• you have completed a qualifying period (proeftijd / temps d’épreuve) with a fixed residence, during which you showed improvement and good conduct (Article 624).

The qualifying period is at least three years. For serious convictions, to a prison sentence of more than five years, it is at least five years (Article 626). After a suspended sentence, the qualifying period is at least as long as the suspension.

Applying for rehabilitation: how does the procedure work?

1. The application. You send your application to the Crown Prosecutor (procureur des Konings / procureur du Roi) of the judicial district where you live (Article 628). If you live abroad, we check which public prosecutor’s office has jurisdiction. We also calculate from when you can apply, taking the qualifying period into account.
2. The investigation. The public prosecutor’s office obtains your criminal record, the judgments and statements from the mayors of the municipalities where you have lived (Article 629).
3. The decision. The Indictment Division (kamer van inbeschuldigingstelling / chambre des mises en accusation) hears the case behind closed doors. It can sometimes grant rehabilitation without you having to appear. In other cases, you are heard and must appear in person (Article 630).
4. If refused, you can in principle only submit a new application after two years (Article 631).

A well-documented file carries a lot of weight. Proof of work, training, compensation paid and a stable residence demonstrates the improvement and good conduct required by law.

What does rehabilitation achieve?

Rehabilitation ends the effects of the conviction for the future. The conviction no longer appears on extracts, can no longer count towards reoffending (herhaling / récidive) and no longer stands in the way of a later suspended sentence. However, it does not restore titles or public offices lost through dismissal, and it does not affect rights acquired by third parties, such as compensation (Article 634).

Police data: separate from your criminal record

The criminal record and police databases are governed by separate rules. Erasure or rehabilitation therefore does not automatically remove all police information. This can matter during a security investigation or screening.

Frequently asked questions

How do I find out what is on my criminal record?

You request an extract from your municipality or online. If you live abroad, the Criminal Records Service of the FPS Justice (FOD Justitie / SPF Justice) issues it.

What is the difference between erasure and rehabilitation?

Erasure happens automatically after three years, but only for the lighter convictions listed above. For other convictions, you must apply for rehabilitation through the public prosecutor’s office, after which the Indictment Division decides. Once obtained, both have the same effects.

Does a traffic conviction also disappear from my criminal record?

Convictions to a fine under the Road Traffic Act disappear from the standard extract after three years, unless the judgment includes a disqualification or ban of more than three years. If the conviction is one of those listed above, it is also fully erased after three years. What has changed for traffic offences since 1 September 2026 is explained in our overview of the new Criminal Code.

How long does a rehabilitation procedure take?

That depends on the public prosecutor’s office and on how complete the file is. Expect several months. A well-prepared application, with proof of work, training and compensation, speeds up the process.

Can rehabilitation be refused?

Yes, for example where there is insufficient proof of good conduct, unpaid compensation or new offences. After a refusal for lack of improvement or good conduct, you must in principle wait two years before applying again.

Clearing your criminal record with Novex Advocaten

We review your extract, check what disappears automatically and what requires a procedure, and guide your application for rehabilitation. If a new criminal case is pending at the same time, we take that into account too. See also our overview of your rights as a suspect in criminal proceedings and of suspension, suspended sentences and community service before the police court (politierechtbank / tribunal de police).

Call 0484 99 22 72 or email asfour@novexadvocaten.be.