Chapters of the article
What is integrity
A person is generally considered to be of good character if they have not been convicted of a crime in the past. This is established by a criminal record. However, integrity does not have a uniform definition in Czech legislation. Thus, in one case a person may be considered blameless, while in another case he or she will not be considered blameless. Especially in sensitive sectors (e.g. security, education, healthcare), the requirements for integrity are stricter.
What is a criminal record
As we have already announced, criminal records are used to establish good character. The criminal record is the official registration system maintained by the Ministry of Justice. It contains information on people who have been convicted of criminal offences.
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Expungement of criminal records or expungement of convictions
If you have a criminal record, it may not be forever. Expungement of a criminal record is done after a certain period of time and under specific conditions that vary depending on the type of sentence. For some sentences (e.g. probation or community service), expungement is automatic, while for non-probationary and alternative sentences (e.g. house arrest or a monetary fine), you have to request an expungement yourself. However, a certain period of time must first elapse during which you must lead a proper life (i.e. act in accordance with the law and social norms). Expungement is also possible on the basis of a presidential pardon or amnesty, but these are very exceptional situations.
What does criminal record affect
Integrity affects a number of things, even quite ordinary ones. One of the main ones is when you are looking for a job. In some cases, your employer may ask you for a criminal record. It will have a greater impact if you are looking for a job with a legal requirement for good character or if you are planning to set up a trade or get a firearms licence. Let’s look at each situation in more detail:
Integrity when seeking regular employment
Most jobs do not require integrity. However, many employers do require job applicants to have a criminal record. The law is clear on this, and says that you can only ask for a criminal record if the information is directly related to the job. Therefore, if it is an ordinary job, the employer should have a reason for this requirement.
If, for example, you are applying for a position where you will be handling money or expensive goods, then his request is appropriate. However, if you are applying for a position where the employer’s requirement does not make sense, then perhaps the employer is not really entitled to it. In this case, you can ask the employer to explain why he or she needs your criminal record statement. If he is unable to provide a meaningful reason, then he is not acting in accordance with the law.
This is because in this case, it is not information directly related to the performance of your job and the employer cannot ask you for it. So how to defend yourself? Report the employer to the Labour Inspectorate for discrimination. The Inspectorate will inspect the employer and if it finds that there is discrimination against job applicants, it may impose a fine. You can also consider an anti-discrimination claim. But in this case, get help from a lawyer.
Tip: Want to file a lawsuit and not sure if you will win? We will assess your chances of success in court and suggest a solution that will lead to the desired outcome.
Integrity in the security forces
Security forces include the Police of the Czech Republic, the Fire Rescue Service of the Czech Republic, the Customs Administration of the Czech Republic, the Prison Service of the Czech Republic, the Security Information Service (BIS), the Office for Foreign Relations and Information (ÚZSI) and the General Inspectorate of Security Forces (GIBS).
If you would like to become a member of one of these security forces, you must meet strict integrity requirements. These are regulated by the Law on the Service of Members of the Security Forces and stipulate that a citizen who has been:
- (a) within the last 10 years, been convicted of a deliberate criminal offence with an upper limit of imprisonment not exceeding 2 years,
- (b) within the last 15 years, has been convicted of an intentional crime with a maximum penalty of imprisonment exceeding 2 years but not exceeding 5 years,
- (c) convicted by a final judgment of a deliberate offence with a maximum term of imprisonment exceeding 5 years or an exceptional sentence; or
- (d) has been convicted of a criminal offence committed recklessly within the last 5 years if the conduct by which the offence was committed is contrary to the requirements imposed on the officer.
It also provides that a citizen shall not be deemed to be of good character:
- (a) Whose prosecution for an intentional offence has been discontinued by a final decision approving a settlement and five years have not yet elapsed since that decision, if the conduct by which he committed the offence is inconsistent with the requirements imposed on an officer,
- (b) whose prosecution for a deliberate criminal offence has been conditionally suspended by a final decision and 10 years have not elapsed since the expiry of the probationary period or the period within which it is to be decided that he or she has proved his or her character, or a decision has been taken in criminal proceedings against him or her to suspend the application for punishment and 5 years have not elapsed since that decision, if the conduct by which he or she committed the offence is contrary to the requirements imposed on the officer,
- (c) who has been convicted of a misdemeanour within the last 5 years if the conduct by which the offence was committed is contrary to the requirements of the officer; or
- (d) who shows signs of addiction to alcohol or other psychotropic substances or activities.
In the assessment of good character, no account shall be taken of the extinguishment of a conviction under a special legal provision or of a decision of the President of the Republic as a result of which the citizen shall be regarded as not having been convicted.
Integrity for healthcare professionals
Even to practice as a healthcare professional, you must meet the integrity requirement. However, this is much more lenient than for the security forces. This condition applies to doctors, dentists, pharmacists and all other non-medical health professions such as nurses, midwives, pharmacists, etc.
A person shall be deemed to be of good repute for the exercise of these professions if he has not been finally convicted of, or shall be treated as if he had not been convicted of, an unconditional prison sentence for a deliberate offence committed in connection with the provision of health services.
Integrity of teaching staff
Teaching staff must also meet the requirement of good character. In this case, a person who has been convicted of a deliberate or negligent criminal offence in connection with the exercise of the activity of a teaching profession shall not be deemed to be of good repute unless he or she is treated as if he or she had not been convicted under the law.
Specific requirements for integrity are also found in a number of other professions, such as tax advisers, lawyers and solicitors, professional soldiers, hunters, social workers, police officers, etc.
Trade
If you think you can avoid the whole integrity issue by starting a business, we have bad news for you. When you set up a trade, your criminal record is also considered. One of the conditions for setting up a business is that you have a clean criminal record. A person is not considered to be of good character under the Trade Licensing Act if he or she has been convicted of a criminal offence committed intentionally, if the offence was committed in connection with the business or the business he or she is applying for or announcing, unless he or she is regarded as not having been convicted.
This means that you may have a criminal record, but not in the business for which you wish to apply for a trade licence. So if you were in business as an accountant and embezzled money, you are out of business in that area. On the other hand, if you want to change your trade and become a photographer, for example, there is no problem.
Tip: Trade or job? Try both! What are the advantages of such a combination and what can get in the way of doing business? Find out in the next article.
Weapons licence
The acquisition of a firearms licence also carries with it the requirement of good character. This is governed by the Arms and Ammunition Act, which provides that a person who has been convicted of a criminal offence is not considered to be of good character:
- (a) treason, subversion of the republic, terror, terrorist attack, participation in a terrorist group, financing terrorism, support and promotion of terrorism, threatening a terrorist offence, sabotage, espionage, treason, participation in an organised criminal group, general danger, obtaining control of an aerial vehicle, civil vessel and fixed platform, endangering the safety of an air means of transport and civil vessel, introducing an air means of transport into a foreign country, murder or genocide, for which an exceptional penalty or imprisonment for more than 12 years has been imposed or a juvenile has been sentenced to imprisonment without parole for 5 to 10 years,
- (b) referred to in subparagraph (a), for which a sentence of imprisonment of between 5 and 12 years has been imposed, or a deliberate offence against life and health, against liberty and the rights to protection of personality, privacy and secrecy of letters, against human dignity in the sexual sphere or any other deliberate offence committed with a weapon, for which a sentence of imprisonment exceeding 5 years has been imposed and at least 20 years have not elapsed since the completion of the imprisonment,
- (c) referred to in point (a) or (b) or any other intentional offence if, since the judgment has become final or since the termination of the imprisonment, if that sentence has been imposed,
- (I) at least 10 years have not elapsed if a sentence of imprisonment exceeding 2 years has been imposed,
- (II) at least 5 years have not elapsed where a sentence of imprisonment not exceeding 2 years or a sentence other than imprisonment has been imposed; or
- (III) at least 3 years have not elapsed if the punishment has been waived, suspended with supervision, the imposition of a penal measure on a juvenile has been waived or the imposition of a penal measure on a juvenile has been conditionally suspended or a finding of guilt has been made, a penalty has not been imposed in criminal proceedings in which the prosecution has been continued at the request of the accused or the defendant, or a penalty measure has not been imposed after the prosecution of the juvenile has been abandoned pursuant to a special provision of law, or
- (d) committed negligently for a breach of duty in connection with the possession, carrying or use of a weapon or ammunition, unless at least three years have elapsed since the judgment became final.
A person shall not be deemed to be of good character under this Act if he has been convicted in a foreign country of an offence the characteristics of which correspond to those of one of the offences referred to in paragraph 1. The period of time during which a person shall not be considered blameless shall be similar to that referred to in paragraph 1.
Summary
Integrity affects a wide range of areas of life, from employment to business to the possession of weapons. Integrity requirements vary according to the nature of the activity or profession, with sensitive sectors such as security, health and education having stricter criteria. A key tool for verifying integrity is a criminal record.