WHAT IS A CERTIFICATE OF GOOD CONDUCT?
A certificate of good conduct (also known as a letter of good conduct, criminal records check, police certificate of no criminal record or police clearance certificate) is an official statement pertaining to history of convictions (or lack thereof) for offences or tax offences issued by the National Criminal Register in reference to a natural person or collective entity (e.g. commercial companies). Interestingly, this pertains to both, judgments issued by national courts as well as foreign courts. Furthermore, the National Criminal Register (criminal records bureau) collects information about: persons with regard to whom criminal proceedings for offences or tax offences have been validly discontinued (including those based on amnesty); preventive measures imposed in such proceedings; didactic, correctional or didactic and treatment measures (in case of minors); wanted persons; persons remaining in preliminary custody; or minors placed in juvenile shelters. A certificate of good conduct is usually used to confirm the fact of not being listed as a person with criminal record, wanted person or imprisoned person in the files of the National Criminal Register. Each person whose data cannot be found in the register enjoys the status of a person without criminal record, regardless of whether he/she has never been convicted or his/her conviction has been spent based on applicable provisions of the law. Such document is issued only in Polish and, if required abroad, it must be translated into a foreign language by a sworn translator (it is worth mentioning that translation into English is accepted in many European countries).
The title “certificate of no criminal record” is a customary phrase. The real title of this document is “Request for information about a person” (also known as a request for personal data disclosure). The provisions of the Act on the National Criminal Register of 24th May 2000 does not provide for expiration date of the document. As a general rule, validity of such certificate arises from legal acts which constitute the basis to request information provided by the National Criminal Register. The provisions of the Administrative Procedure Code state that a certificate confirming facts or legal circumstances which are not subject to changes is valid without time limit (Art. 217a of the Administrative Procedure Code). Therefore, it can be assumed that unless legal circumstances described in such certificate have changed, the certificate remains valid. However, some legal regulations pertaining to a letter of good conduct describe specific examples of limitation of validity thereof (e.g. the Act on Waste of 14th December 2012, or the Regulation of the Prime Minister on the types of documents that may be requested by the ordering party from the contractor and forms of such documents of 19th February 2013). A 6-month certificate validity period is assumed to be the shortest possible period of expungement of conviction based on Art. 76, § 1 of the Criminal Code stating that “a conviction is deemed to be subject to expungement by virtue of the law upon elapse of 6 months from termination of the probation period”.
A CERTIFIED TRANSLATION OF CERTIFICATE OF GOOD CONDUCT INTO ENGLISH – WHEN CAN YOU NEED IT?
Providing a valid letter of good conduct is required to practise certain professions in Poland and abroad such as judges, prosecutors, police officers, self-government officials, tax supervision inspectors, civil servants, members of the authorities of public benefit organisations, sworn translators and interpreters, teachers (nominated and certified) as well as tour guides, licensed security staff or drivers of road transport. Confirming a status of a person without criminal record (and providing a certified translation thereof) is also necessary in various administrative procedures e.g. applying for a visa or granting citizenship, participating in tender proceedings, applying for issuance of weapon license, or applying for a permit for waste collection and processing. Moreover, students participating in a “Work & Travel” programme and persons planning to take up employment abroad (regardless of their profession) will also need to obtain a certified translation of a certificate of no criminal record into English.
Because certificate of good conduct constitutes an official confirmation of a status issued by national authorities, a translation of a document into English made by the interested party is not accepted by institutions and offices of foreign countries. It is necessary to order a translation made by a sworn translator of the English language who has relevant qualifications and certifies the faithfulness of translation by his/her signature and imprint of an official seal issued by the Ministry of Justice of the Republic of Poland.
HOW TO OBTAIN A CERTIFICATE OF GOOD CONDUCT IN WROCŁAW BEFORE ORDERING ITS CERTIFIED TRANSLATION INTO ENGLISH?
A request for disclosure of personal data can be submitted in the National Criminal Register by anyone who would like to obtain such a certificate. You can submit a request in person or via an attorney. Any natural person who has full capacity to perform acts in law can act as an attorney. An application for issuance of a proof of good conduct can be submitted online, by mail or at the National Criminal Register Information Desk. In the Lower Silesian province, such places are located in the following cities:
– Wrocław: the National Criminal Register Information Desk is located in the building of the Regional Court in Wrocław at ul. Sądowa 1 / Podwale 30 – entrance from ul. Podwale 30, room 90 (phone: 71 33 69 362);
– Świdnica: the National Criminal Register Information Desk is located in the Regional Court in Świdnica at pl. Grunwaldzki 14, 58-100 Świdnica (phone: 74 85 18 244);
– Legnica: the National Criminal Register Information Desk is located in the Regional Court in Legnica at ul. Złotoryjska 40, 59-220 Legnica (phone: 76 72 25 932);
– Jelenia Góra: the National Criminal Register Information Desk is located in the Regional Court in Jelena Góra at ul. Wojska Polskiego 56, 58-500 Jelenia Góra (phone: 75 64 15 106).
In case of a document issued as a hard copy, a request form for personal data disclosure filed in by the applicant, affixed with a seal and signature of a court employee constitutes a certificate of no criminal record. In case of an application submitted electronically, this will be an “xml” file affixed with qualified electronic signature (pursuant to the Act on electronic signature of 18th September 2001 (Journal of Laws of 2001, no. 130, item 1450) sent to e-KRK account (which must be opened by the applicant on the website of the National Criminal Register). In this case, such file constitutes the original of a document and it must be submitted in this form to relevant institutions and authorities (a file recorded on a USB drive or on a CD/DVD). A printout of such file is merely a copy of a document and not the official document. A certified translation made based on such a printout instead of an electronic file can only be certified as consistent with a copy (not as consistent with the original document). In case of application for issuance of certificate of no criminal record via traditional mail, a completed application must be sent together with a confirmation of payment of stamp duty to the Information Bureau of the National Criminal Register (it is located at ul. Czerniakowska 100, 00-454 Warsaw) or to any national information desk of your choice. The office sends signed and sealed certificate within 7 days from the date of receipt of the application.
Depending on the option selected by the applicant, a certificate of good conduct may cover data included in penal records, juvenile criminal record, detained persons and wanted persons register. The cost of issuance of a certificate is the same regardless of the number of records covered by the application. More information about the procedure of issuance of certificates of good conduct can be found on the following website: https://www.gov.pl/web/gov/uzyskaj-zaswiadczenie-z-krajowego-rejestru-karnego.
HOW MUCH DOES A CERTIFICATE OF GOOD CONDUCT COST?
In case of collecting a document in person or via post office, the cost of issuance of a certificate of good conduct is PLN 30. Payment can be done in cash at the court cash box, which is located at the National Criminal Register Information Desk, or via a transfer to the account of the Ministry of Justice. You can also make payment with the use of fee stamps (available for purchase at the court cash box) or by using e-Płatności electronical payment system.
In case of certificates issued electronically, the cost is PLN 20. In this case, payment can be done only via e-KRK system.
Persons who apply for issuance of a letter of good conduct via attorney must allow for additional stamp duty in the amount of PLN 17. This fee does not apply if your attorney is your husband, wife, child, parent, grandfather or grandmother, grandchildren, brother or sister.
The aforementioned fees do not apply to persons applying for issuance of a certificate of good conduct within voluntary service in connection with the function of a counsellor or head of camp for children and youth. In this situation, a written confirmation of such fact issued by the organiser of camp must be added to application for disclosure of personal data.
HOW LONG WILL I HAVE TO WAIT FOR ISSUANCE OF A CERTIFICATE OF GOOD CONDUCT BEFORE DELIVERING IT TO A TRANSLATOR?
Waiting time for issuance of a letter of good conduct depends on selected manner of submitting an application. The fastest way is to submit an application in person in the National Criminal Register Information Desk. In this case, certificates are issued straight away (only in exceptional circumstances waiting time can be extended to 7 days from the date of submitting the application). It is essential to present your valid identity document (e.g. identity card or passport). In case of application submitted via the Internet, a certificate is sent to the applicant’s account in the National Criminal Register system usually on the same day, but no later than within 7 days from the day of submitting the application. The longest waiting time applies to obtaining a certificate via post office. Although the National Criminal Register has 7 days for issuance of the certificate, additional time must be added for delivery of the application via post office to the National Criminal Register Information Desk and return delivery of the issued certificate.
IF YOU NEED A CERTIFIED TRANSLATION OF A CERTIFICATE OF GOOD CONDUCT INTO ENGLISH – DO NOT HESITATE TO CONTACT OUR OFFICE
After obtaining a certificate of no criminal record intended for a foreign recipient, it is necessary to provide its reliable and faithful translation. Since it is an official document, it must be accompanied by a certified translation in order to maintain its credibility. A sworn translator ensures high substantive level of a translation confirmed by relevant clause certifying compliance of a translation with the original (or copy of) source document by signature of a sworn translator and imprint of his/her seal. Self-translation or translation made by a person who does not have appropriate qualifications can be rejected as unreliable. In case of English-speaking countries, it is natural to use assistance of a sworn translator of the English language. What is more, English translations are also often recognised in countries in which English is not an official language (e.g. Norway, the Netherlands, Danmark, Sweden or Germany).
If you need a certified translation of a certificate of good conduct (UK – DBS check) into English, do not hesitate to contact our office. Documents for translation can be delivered to our office in person (ul. Kazimierza Wielkiego 29A lok. 417 in Wrocław) or by E-mail: kancelaria@tlumaczenia-kasprzyk.pl. We encourage you to send scans or photos of documents via contact form available on our official website: www.tlumaczenia-kasprzyk.pl. If you need urgent translation, please contact us by phone: +48 608 722 438. Our offer includes also express translations made on the day of delivery of documents. If no urgent translation of documents is needed, a translation of a letter of good conduct (UK – DBS check) will be ready within two working days. We provide certified translations from English into Polish (including criminal records UK-issued: DBS (Disclosure and Barring Service) check). The Office of the Sworn Translator and Interpreter of the English Language Jacek Kasprzyk ensures the highest quality of translations made by a sworn translator having Master’s Degree in English Philology, the title of the Master of Laws and specialist translation education confirmed with a certificate of completion of post‑graduate studies in the area of translations. We invite you to use the services of our office!
Jacek Kasprzyk
Sworn Translator and Interpreter of the English Language
Legal acts:
The Act on the National Criminal Register of 24th May 2000 (Journal of Laws of 2023, item 159 and 497)
The Regulation of the Minister of Justice on providing information about persons and on collective entities based on data collected in the National Criminal Register of 7th July 2015 (Journal of Laws of 2015, item 1025)
The Regulation of the Minister of Justice on a mode of providing information about persons and collective entities from the National Criminal Register via IT system of 18th June 2014 (Journal of Laws of 2014, item 841)
The Regulation of the Minister of Justice on fees for providing information from the National Criminal Register of 18th June 2014 (Journal of Laws of 2014, item 861)
zdjęcia: freepik.com