What is expungement of conviction?
Expungement of conviction is a legal mechanism through which a prior conviction is treated, for specified legal purposes, as if it had not occurred. In Polish criminal law, the closest concept is zatarcie skazania. Under Article 106 of the Polish Criminal Code, once a conviction is expunged, it is deemed non-existent and the entry concerning the conviction is removed from the criminal register.
The practical consequence is significant. A person whose conviction has been expunged generally regains the status of a person without a criminal record. This may affect employment, licensing, public tenders, immigration procedures, professional authorisations, and other situations in which a certificate from the National Criminal Register is required.
Expungement should be distinguished from acquittal, pardon, reopening of proceedings, or deletion of police records. It does not mean that the original judgment was unlawful. It means that, after statutory conditions are met, the legal consequences of the conviction are limited or removed. Terminology also differs between jurisdictions. In some legal systems, “expungement”, “sealing”, “spent conviction” and “vacatur” describe different effects. This entry refers primarily to the Polish concept of expungement of conviction unless indicated otherwise.
When does a conviction become expunged?
In Poland, expungement may occur automatically by operation of law or by a court decision issued upon request. The applicable route depends mainly on the type of sentence, the time elapsed after its execution, remission or limitation of enforcement, and whether the convicted person has complied with the law.
The Polish Criminal Code sets different statutory periods. A conviction involving imprisonment is generally expunged after 10 years from the execution, remission or limitation of enforcement of the sentence, with the possibility of earlier expungement after 5 years in certain cases, if the imposed prison sentence did not exceed 3 years and the convicted person observed the legal order – Article 107 of the Polish Criminal Code. A conviction involving restriction of liberty is generally expunged after 3 years, while a conviction involving a fine is generally expunged after 1 year – Article 107 of the Polish Criminal Code. Where the court conditionally suspended the execution of imprisonment, expungement generally takes place 6 months after the end of the probation period, subject to statutory qualifications – Article 76 of the Polish Criminal Code.
There are also limitations. Expungement may be delayed if additional measures, such as penal measures, forfeiture or compensation obligations, have not been executed, remitted or otherwise ceased to be enforceable. Multiple convictions are assessed together in accordance with Article 108 of the Polish Criminal Code. In some categories of offences, especially those involving sexual offences against minors under 15, Polish law may exclude expungement in specific circumstances – Article 106a of the Polish Criminal Code.
Why does expungement matter in practice?
A criminal record may create legal and practical barriers long after the sentence has been served. It may affect recruitment, regulated professions, management functions, security clearances, residence or visa procedures, and the ability to participate in certain business activities. For entrepreneurs and company officers, a conviction may also influence corporate governance, public procurement eligibility, compliance checks, banking procedures and relations with counterparties.
Expungement is therefore not only an administrative formality. It may determine whether a person can lawfully declare that they have no criminal record in a given procedure. It may also affect how public authorities, employers or institutions verify a person’s legal status. However, the precise effect depends on the legal basis of the request, the type of conviction, and whether any separate registers or sector-specific rules apply.
When should legal advice be sought?
Legal assistance is advisable where the person is unsure whether the conviction has already been expunged, whether an application for earlier expungement is possible, or whether an entry in the National Criminal Register should still appear. Advice is also important in cases involving suspended sentences, several convictions, criminal measures, driving bans, compensation obligations, professional restrictions or foreign criminal records.
For individuals, a timely review may be relevant before applying for a job, residence permit, visa, professional licence or certificate of no criminal record. For businesses, verification may be necessary when appointing management board members, participating in public procurement, conducting internal compliance checks or responding to due diligence requests.
A quick consultation with a lawyer can help avoid incorrect declarations, unnecessary disclosure of spent convictions, procedural mistakes, disputes with authorities, professional consequences or financial losses. It may also clarify whether the issue concerns expungement, correction of register data, recognition of a foreign conviction, or another legal remedy.
Legal support in expungement matters
Support of a law firm in matters concerning expungement of conviction may include in particular:
- assessment of whether a conviction has already been expunged under Polish law,
- analysis of statutory time limits under Articles 106-108 and Article 76 of the Polish Criminal Code,
- preparation of an application for earlier expungement, where available,
- verification of entries in the National Criminal Register,
- advice on the legal effects of an expunged conviction in employment, business or immigration matters,
- assistance in cases involving multiple convictions or additional criminal measures,
- representation before courts or public authorities,
- assessment of cross-border issues, including foreign convictions and certificates of criminal record.
Need assistance with expungement of conviction? Contact us.
See also
- Acquittal
- Fine
- Parole
- Removal proceedings