Integrity means different things in different situations. It will be perceived differently if you are planning to apply for a trade licence and differently if you are applying for a job with the Police of the Czech Republic. In this article we will therefore tell you how it is viewed in each case.
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.
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.
Have you been charged and prosecuted?
The stakes are high and it is not worth going through the criminal process without consulting an attorney. We will conduct a careful analysis of your case and propose a course of action for your criminal defense in which we will vigorously enforce your rights.
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.
Tip: Learn how to get out of court with probation.
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:
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.
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:
It also provides that a citizen shall not be deemed to be of good character:
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.
Tip: Read how alternative sentencing works in the form of a fine.
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.
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.
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.
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 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.
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.
Were you charged and prosecuted? The stakes are really high and it doesn’t pay to go through the criminal process without consulting an attorney.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.
