Swiss criminal record extracts are a common element of pre-employment screening, particularly in regulated sectors and for roles involving fiduciary duties. Employers in Switzerland may request a candidate’s criminal record extract, but only under specific conditions and always with the individual’s consent. Understanding the scope, limitations, and permissible use of these extracts is essential for compliant hiring practices.
What is the Swiss criminal record extract?
The Swiss criminal record register (Strafregister / casier judiciaire) is maintained centrally in the VOSTRA database by the Swiss Federal Office of Justice (FOJ) in Bern. It records criminal convictions issued by Swiss courts, along with certain other entries such as measures under criminal law and some foreign convictions that have been transferred under international agreements.
There are three types of extract relevant to employment contexts. The private extract (Privatauszug / extrait privé) is available to the individual concerned and shows most recorded convictions. The official extract (behördlicher Auszug / extrait officiel) is issued only to authorities and may contain additional entries not visible on the private version. A third type, the special private extract (Sonderprivatauszug), exists specifically for roles involving regular contact with minors or other particularly vulnerable persons. It shows activity, contact and exclusion prohibitions imposed to protect those groups, and it is the instrument employers should ask for in that context rather than the ordinary private extract. Employers cannot request the official extract directly; they rely on the private extract, which the candidate orders and then provides.
When may an employer request a criminal record extract?
Swiss law does not grant employers a general right to obtain criminal record information. Under Article 328b of the Swiss Code of Obligations (OR), an employer may process data about an applicant or employee only where it concerns their suitability for the specific job or is necessary to perform the employment contract — which is the controlling limit on any criminal record request. The key principle is that the candidate must consent and typically orders the extract themselves. The employer may ask the candidate to provide a private extract as part of the application process, but the candidate is not legally obligated to comply unless a specific legal requirement applies.
In practice, criminal record checks are most commonly requested for positions involving trust, financial responsibility, or contact with vulnerable groups. Typical scenarios include roles in banking and financial services, positions with fiduciary or treasury responsibilities, work involving minors or other protected persons, and employment in security-sensitive environments. For these categories, requesting an extract is generally considered proportionate and aligned with the employer’s legitimate interest.
What does the private extract show?
The private extract lists convictions that have not yet been removed from the register under the removal deadlines of the Criminal Records Register Act (Strafregistergesetz, StReG, SR 330), which replaced the former criminal record provisions of the Swiss Criminal Code when it entered into force on 23 January 2023. Entries are generally removed after a defined period once the sentence has been served, provided no new conviction has been recorded in the meantime. The length of the retention period depends on the severity of the sentence.
Certain entries are not shown on the private extract at all, including some measures that appear only on the official version. This means the private extract does not provide a complete picture in every case, and employers should be aware of its limitations when relying on it for screening decisions.
How does this compare to Germany and Austria?
In Germany, a comparable document is the Führungszeugnis (certificate of conduct), issued by the German Federal Office of Justice (Bundesamt für Justiz, BfJ) in Bonn — a distinct authority from the Swiss FOJ despite the similar name. Employers may ask the applicant to obtain and present it; it is issued to the applicant, not to the employer. For work with minors an extended certificate (erweitertes Führungszeugnis) is required under § 30a BZRG, which the applicant can only order on the basis of a written request from the employer stating the statutory purpose. The applicant applies at the local residents’ registration office (Meldebehörde) or online, and the BfJ issues the document.
Austria operates a comparable system through the Strafregisterbescheinigung, applied for at any municipal office or police station and issued by the Landespolizeidirektion; a dedicated child-protection variant (Strafregisterbescheinigung Kinder- und Jugendfürsorge) exists for roles involving minors. As in Switzerland and Germany, the employer’s right to access this information depends on the candidate’s cooperation and a legitimate, proportionate interest related to the position.
Across all three jurisdictions, the common thread is that criminal record data is not freely accessible to employers. Consent and a documented, role-specific justification are the baseline requirements.
What should employers consider before requesting an extract?
Employers should first assess whether a criminal record check is proportionate to the role. Not every position justifies such a request, and collecting criminal record data without a legitimate, role-specific need can raise data protection concerns under the revised Swiss Federal Act on Data Protection (revFADP/revDSG, in force since 1 September 2023) and, where applicable, the GDPR. Data on criminal proceedings and sanctions is classified as sensitive personal data under Art. 5 lit. c revFADP, which raises the justification threshold accordingly.
Key considerations include whether the role involves fiduciary duties, access to sensitive data, or responsibility for vulnerable persons; whether the request is limited to what is necessary for the specific position; and how the resulting document will be stored, used, and eventually deleted. Employers should document the rationale for requesting an extract and ensure that candidates understand why it is being requested and how the information will be handled.
How should the results be evaluated?
A criminal record extract should be assessed in relation to the specific role, not in isolation. A past conviction does not automatically disqualify a candidate. Employers should consider the nature of the offense, its relevance to the position, the time elapsed, and whether the entry will soon be removed from the register.
Blanket exclusions based on any criminal record are generally difficult to justify and may raise questions of fairness and proportionality. A structured, documented assessment process helps employers make defensible decisions and reduces the risk of arbitrary treatment.
What are the limits of criminal record screening?
Criminal record extracts cover only convictions recorded in the relevant jurisdiction. They do not capture pending investigations, dismissed cases, or adverse-media findings that may be relevant to a broader due-diligence assessment. For roles where integrity and reputational risk are material, criminal record checks are typically combined with sanctions screening, adverse-media reviews, and verification of professional credentials.
This layered approach is particularly relevant for senior appointments, regulated financial sector roles, and positions with significant fiduciary responsibility. Relying solely on a criminal record extract may leave gaps that a broader screening process can help address.
Practical steps for compliant screening
Employers should establish a clear internal policy defining which roles require criminal record checks, at what stage of the hiring process, and how the information will be processed. Candidates should be informed in advance, and consent should be documented. The extract should be reviewed by a defined person or function, stored securely, and retained only for as long as necessary.
For organisations operating across the DACH region, aligning the approach across jurisdictions while respecting local legal differences helps maintain consistency and reduces administrative burden. External screening providers can support this process by integrating criminal record checks into a broader due-diligence workflow, subject to the organisation’s own responsibility for legal compliance.
This article provides general information and does not constitute legal advice in individual cases.