Book V: Enforcement procedures

A legal entity’s bulletin no. 2 is the record of the records applicable to it, excluding those concerning the following decisions: 1° Convictions that have been expressly excluded from being mentioned on the record, pursuant to Article 775-1; 2° Convictions for minor offences and fines of less than €30,000; 3° Suspended sentences when they are to be considered null and void ; 4° Convictions with a dispensation from sentencing or…

The court which passes sentence may expressly exclude its mention in bulletin No. 2 either in the sentencing judgment, or by judgment passed subsequently on the application of the convicted person investigated and judged in accordance with the rules of jurisdiction and procedure laid down by articles 702-1 and 703. The competent courts are then composed in accordance with the provisions of the last paragraph of article 702-1. The exclusion…

Convicts sentenced to a penalty that cannot give rise to a rehabilitation as of right benefit, upon simple request, from the exclusion of the mention of their conviction from bulletin no. 2, according to the rules of jurisdiction set by the preceding article, at the expiry of a period of twenty years from their final release or their conditional release not followed by revocation, if they have not, since this…

The information contained in bulletin no. 2 of a person’s criminal record, where it relates to a conviction handed down by a foreign court, is withdrawn on expiry of the periods provided for in Article 133-16-1 of the Criminal Code.

The bulletin n° 2 of the criminal record is issued: 1° To prefects and State public administrations dealing with applications for the duties of a commercial court judge, applications for public employment, proposals for honorary distinctions or bids for public works or public contracts or with a view to disciplinary proceedings or the opening of a public school, as well as applications for approval intended to enable the recording by…

The bulletin no. 2 of the criminal record of legal entities is issued: 1° To prefects, State administrations and local authorities to whom proposals or tenders for the award of public works or contracts are referred; 2° To administrations responsible for the reorganisation of agricultural, commercial, industrial or craft professions; 3° To the presidents of commercial courts in the event of receivership or compulsory liquidation, as well as to judges…

Bulletin no. 3 is the record of the following convictions handed down by a national court for a felony or misdemeanour, where they are not excluded from Bulletin no. 2: 1° Sentences involving deprivation of liberty of more than two years which are not suspended or which must be served in full by the effect of revocation of the suspended sentence; 2° Sentences involving deprivation of liberty of the kind…

The mention of a conviction in bulletin no. 3 may be excluded under the conditions laid down by article 775-1.

Any person providing proof of identity shall obtain, upon request to the Public Prosecutor at the judicial court in whose jurisdiction they reside, a full record of the criminal records concerning them. In the case of a legal entity, the request is addressed to the public prosecutor at the judicial court in whose jurisdiction the legal entity has its registered office, by its legal representative providing proof of his capacity….

No interconnection within the meaning of the 3° of I of Article 33 of Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms may be made between the automated national criminal record and any other file or processing of personal data held by any person or by a State department not under the authority of the Ministry of Justice. By way of derogation from the…