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Toni asked 2 years ago

Hello, I am currently doing the 34a GewO. I was sentenced to probation 12 years ago for a residential burglary and a few minor things… My criminal record is clean and nothing has happened since… What about the criminal record check and could it be that I won’t get a licence? Mfg

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Expertise 34a Staff answered 2 years ago

Hello!
Since 2017, residential burglary is no longer a misdemeanour, but is now considered a felony. This means that this offence is now classified more strictly and carries a sentence of at least one year.

However, the offence you committed was committed some time ago and nothing has happened since then. This means that — also depending on how long you were on probation — the entry should have been deleted several years ago, if contrary to expectations it has not, but at least it should no longer have any relevance. Relevant in this regard is § 34 BZRG.

However, I am not a lawyer and cannot and must not give legal advice at this point.
The final decision is made by the local authority responsible for the guarding at the employer’s place of business.
In principle, I personally assume — on the basis of the information you have provided — that there will be no problems.

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