💼 Work after release: disclosure and the right to ask
In brief
There is no general duty to disclose every previous conviction on your own initiative in a job interview. According to case law, a previous conviction must be mentioned on your own initiative, or answered truthfully when you are expressly asked a permissible question, only if it has a concrete connection to the job sought – for example a property offence for a cashier job. An employer may demand a certificate of good conduct only if this is required by law or appears objectively justified.
Step by step
- Check whether a certificate of good conduct may be demanded at allBefore applying, clarify whether the job legally requires a certificate of good conduct (e.g. work with children) or whether the employer demands it voluntarily and possibly without justification.
- Obtain your own register informationObtain your own information from the Federal Central Criminal Register in advance, to know what would be visible in the certificate of good conduct.
- Weigh the connection to the jobWhen asked a specific question in the interview, check whether the previous conviction has a connection to the job sought – only then is there a duty to tell the truth.
- Use support programmesUse the support offered by the employment agency (Agentur für Arbeit) or Jobcenter and specialised employment projects run by offender support organisations.
- Seek advice if a refusal is questionableIf you were turned down because of a previous conviction despite no connection to the job, have possible claims checked legally in your individual case.
Deadlines
- There is no blanket duty to disclose every previous conviction on your own initiative – what matters is the connection to the specific job.
- Whether and when an employer may demand a certificate of good conduct at all outside cases required by law depends on the individual case and is not conclusively unified by the highest courts – this is marked here as uncertain instead of being asserted as a fixed rule.
- Under § 53 BZRG, deleted entries, or those ripe for deletion, generally do not have to be disclosed, even if expressly asked.
- Work during prison does not count towards statutory pension insurance: although the inclusion of prison work in pension insurance was already provided for in the StVollzG in 1976 (§§ 190 ff. StVollzG), this rule has still not been brought into force. For prison work there is, as a rule, only accident and unemployment insurance cover, with no health or pension insurance obligation arising from the work itself.
In depth · legal basis, figures and practice – for advisers and professionals
Employer's right to ask questions
In employment law, there is no unlimited general right to ask about previous convictions; case law derives it from the principle of proportionality and the applicant's right of personality. Generally only questions with a connection to the job held or sought are permissible.
Duty of disclosure where there is a relevant connection
Where there is a concrete connection between the previous conviction and the requirements of the job – for example property offences for a job with responsibility for cash or violent offences for a job with a special duty of care –, a corresponding, permissible question must be answered truthfully.
Certificate of good conduct in the application process
A certificate of good conduct may generally be demanded only if required by law (e.g. for work with children and young people) or if there is an objective reason. Where this is doubtful, a legal check in the individual case may be sensible.
Pension insurance and prison work
Despite the legislature's intention in the prison reform of 1976 (§§ 190 to 193 StVollzG), the inclusion of working prisoners in statutory health and pension insurance has still not been implemented. Periods of prison work therefore in principle do not give rise to pension entitlements – a fact that should be borne in mind when planning for the time after prison.
Support programmes
The employment agency and Jobcenter offer regular labour market measures also for people released from prison; in addition there are specialised employment projects run by offender support organisations, whose availability varies by region.
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