Criminal Record Expungement in Poland: Clear Your Record

Criminal record expungement in Poland is the legal process through which a conviction is treated as non-existent. Once expungement takes effect, the person is legally regarded as not having been convicted, subject to the specific rules of Polish law.[1]

This mechanism is often described as record clearing or rehabilitation. In practice, it affects information held in the National Criminal Register — Krajowy Rejestr Karny (KRK) — and may be important for employment, professional licences, public tenders, management positions, immigration matters and reputation.

What does criminal record expungement mean in Poland?

Under Article 106 of the Polish Criminal Code, expungement means that a conviction is deemed not to have occurred. This is more than a practical removal of information from a certificate. It is a legal consequence that changes the status of the conviction itself.[1]

After expungement, personal data concerning the conviction are deleted from the KRK. A certificate issued by the KRK should therefore not disclose that conviction, provided that no other record remains registered.[2]

Expungement does not reverse the judgment, establish innocence or automatically remove information published by third parties. It also does not necessarily resolve consequences in foreign registers, regulated professions or private databases. Those issues require a separate assessment.

When does record clearing take place?

In many cases, criminal record expungement in Poland occurs automatically by operation of law. The applicable period depends on the penalty imposed and whether it was executed, remitted or became time-barred.

• A fine: generally expunged after one year from execution, remission or limitation of enforcement.
• Restriction of liberty: generally expunged after three years from execution, remission or limitation of enforcement.
• Imprisonment: generally expunged after 10 years from execution, remission or limitation of enforcement.
• Suspended imprisonment: generally expunged one year after the end of the probation period.

For imprisonment of up to three years, the court may, on the convicted person’s application, order expungement after five years. The court must assess whether the person complied with the legal order during that period. This is not automatic and depends on the facts of the case.[1]

Where a penal measure, compensatory measure, forfeiture or security measure was imposed, expungement cannot take effect before that measure has been executed, remitted or become time-barred.[1]

Three important exceptions to criminal record expungement

Expungement is not available in every case. Three statutory restrictions require particular attention.

1. Sexual offences against children: a conviction to unsuspended imprisonment for an offence against sexual freedom and morality cannot be expunged where the victim was a child under 15 years of age. This follows from Article 107 § 6 of the Criminal Code.[1]
2. Specified rape convictions: a conviction for the offences listed in Article 197 § 3 point 2 or Article 197 § 4 of the Criminal Code cannot be expunged. Article 107 § 6a applies.[1]
3. Security measures: where a security measure has been imposed, expungement cannot take place before that measure has been executed, remitted or become time-barred. This includes situations in which the measure remains legally effective despite completion of the main penalty.[1]

There is also an important rule for multiple convictions. If a person has more than one conviction that has not yet been expunged, expungement is generally possible only simultaneously for all convictions. A later conviction may therefore delay record clearing for an earlier case.[1]

How to check a KRK record and apply for expungement

The first practical step is to obtain a KRK certificate or verify the underlying judgments and enforcement documents. The calculation of the relevant period may depend on the exact date on which a penalty or measure was executed, remitted or became time-barred.

If expungement occurs automatically, a separate court application is usually unnecessary. If an early expungement application is possible, it should identify the judgment, demonstrate compliance with the legal order and confirm completion of all relevant penalties and measures.

Errors in dates, overlooked penal or compensatory measures, forfeiture, security measures or an unresolved later conviction can lead to an unsuccessful application. For businesses, these issues may affect recruitment decisions, board appointments, internal compliance assessments and the ability to participate in regulated activities.

Expungement, KRK certificates and business consequences

A KRK certificate may be required in sectors involving public funds, financial services, security, education, transport or roles subject to statutory integrity requirements. However, under Polish labour law, an employer may request information on criminal convictions only where this follows directly from a statutory provision. The processing of such data must also comply with data-protection rules.

For an individual, expungement may reduce barriers to employment and professional activity. For a company, it can clarify whether a candidate, manager or contractor meets statutory eligibility requirements. The assessment should focus on the applicable legal requirement rather than assumptions based on past allegations or outdated data.

This is informational material, not legal advice. The correct expungement date and available procedure depend on the judgment, penalty, subsequent convictions and any security measures.

Where a criminal record entry affects employment, residence or travel plans, it may be useful to consult the matter with a criminal lawyer and discuss the possible procedural steps. Kopeć & Zaborowski (KKZ) assesses the legal status of convictions, KRK entries and statutory restrictions on expungement.

FAQ – Criminal Record Expungement in Poland

Is criminal record expungement automatic in Poland?

Often, yes. A fine, restriction of liberty or imprisonment may be expunged automatically after the statutory period. The applicable timeframe depends on the sentence and its execution, remission or limitation of enforcement.

Can imprisonment be expunged earlier than after 10 years?

In some cases, yes. For imprisonment not exceeding three years, the court may order expungement after five years on application, provided the person complied with the legal order.

Does expungement remove a conviction from the KRK?

Yes. After expungement, conviction data are deleted from the National Criminal Register under the rules of the KRK Act.[2]

Can a sexual offence conviction be expunged?

It depends on the offence, victim’s age and sentence. Article 107 §§ 6 and 6a of the Criminal Code exclude expungement in specified sexual-offence cases.

What happens if there are several convictions?

As a rule, all convictions that have not yet been expunged must be expunged simultaneously. A later conviction may prevent earlier record clearing until the requirements for all convictions are met.

Does expungement delete media reports or online information?

No. Expungement concerns the legal status of the conviction and KRK data. Removal or correction of online content requires a separate analysis under personal rights, data protection or media law.

Bibliography

[1] Act of 6 June 1997 — Criminal Code, in particular Articles 76 and 106–108, available through the Polish Legal Information System ISAP: https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU19970880553

[2] Act of 24 May 2000 on the National Criminal Register, in particular Article 14, available through the Polish Legal Information System ISAP: https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU20000500643

[3] Ministry of Justice, National Criminal Register — official information on obtaining KRK certificates and the e-KRK service.