Criminal Record Extract (Strafregisterauszug) — When You May Request It
A Strafregisterauszug is an official extract from a Swiss criminal register showing convictions. You may request it only for positions where public safety, trust, or legal compliance genuinely requires it—typically roles involving cash handling, children, vulnerable adults, or regulated industries. Always disclose upfront that you will request it, document your business reason, and never use it as a general screening tool.
A Strafregisterauszug is an official record extract issued by cantonal or federal authorities listing criminal convictions for a named individual. It is not a consumer credit check or character reference; it is a legal document tied to public safety and data protection.
In Switzerland, requesting a Strafregisterauszug is permitted but narrowly regulated. You cannot ask for it on a whim. The request must be proportionate to the job's genuine risk. The candidate must always know in advance that you intend to request one, and your reason must be documentable.
When You May Request a Strafregisterauszug
You may request a Strafregisterauszug when the role involves direct responsibility for assets, children, elderly persons, or regulated sensitive functions. Common examples include: cash handlers, childcare workers, nursing home staff, security personnel, and roles in banking or insurance where Swiss Financial Market Supervisory Authority (FINMA) compliance applies.
The key test is necessity. The position itself—not your company's general policy—must create genuine risk. A receptionist in a law firm rarely needs one. A custodian in a school does. When in doubt, a lawyer specialising in employment law can review your specific role against cantonal labour law (ArG) and the revised Data Protection Act (revDSG).
- Cash or high-value asset handling (retail tills, warehouse stock, bank roles)
- Direct unsupervised access to children or vulnerable adults
- Regulated financial, pharmaceutical, or security sectors
- Roles requiring a driving permit or commercial vehicle operation
- Positions involving access to confidential personal or medical data
- Roles where prior conviction for a related crime would be material to safety
Your Legal Obligations
Under the revised Data Protection Act (revDSG), you must inform the candidate in writing—ideally in your job ad or offer letter—that a Strafregisterauszug will be requested. You may not surprise them. You must also document your business reason clearly and proportionately.
You may only request the extract directly from the competent cantonal authority (or federal office if appropriate), never from the candidate. The candidate cannot legally obtain and hand you a copy. Retention is strictly limited: keep the extract only as long as necessary to make your hiring decision, then destroy it or securely archive it. Using it for any purpose beyond the stated hiring decision violates revDSG.
- Always disclose the request in advance, in writing (job ad, offer letter, or formal notice)
- Document your business reason in your hiring file
- Request the extract only from official cantonal or federal authorities
- Never ask the candidate to obtain or provide the extract themselves
- Destroy or securely archive it after the hiring decision; do not retain it for future reference
- Do not use it to screen existing employees without their explicit consent and fresh business justification
The Most Common Mistake
The single most common error is requesting a Strafregisterauszug without advance notice or as part of a blanket screening process. Employers often assume that "it's just a background check" and slip it into a long onboarding checklist without explicit mention. This violates transparency rules under revDSG and can expose you to a data protection complaint.
A secondary mistake is keeping the extract indefinitely after hiring. Many employers file it with other personnel documents and forget about it. This breaches data minimisation. Once the hiring decision is made, discard it. If you later need to revisit the candidate's trustworthiness—for example, during a dismissal case—you cannot rely on an old extract; you would need fresh grounds and a fresh request with consent.
- Requesting without advance written notice or during background-check fishing expeditions
- Treating it as a routine screening tool rather than a targeted, proportionate measure
- Asking the candidate to obtain and provide the extract themselves
- Retaining the extract indefinitely in personnel files after the hiring decision
- Using an old extract years later without fresh consent and business justification
- Failing to document your reason for requesting it in the hiring file
Frequently asked questions
- Can I ask a candidate to get a Strafregisterauszug for me?
- No. You must request it directly from the competent cantonal authority (or federal office). The candidate cannot legally obtain a copy for you. Asking them to do so is a common mistake and may breach data protection rules. Always initiate the request yourself and inform the candidate upfront that you will do so.
- What if the candidate refuses to consent to a Strafregisterauszug request?
- If the extract is genuinely necessary for the role (e.g., childcare worker, cash handler), you may make the job offer conditional on consent. If they refuse and the role truly requires it, you can withdraw the offer. However, you must be able to justify that the request is proportionate and necessary for that specific position, not a blanket policy.
- Can I keep a Strafregisterauszug in my personnel file after hiring?
- Not indefinitely. Under revDSG, you must retain it only as long as necessary for the hiring decision. Once that decision is made, destroy it or securely archive it separately from the personnel file. Keeping it "just in case" breaches data minimisation. If you need to revisit trustworthiness later, you must request a fresh extract with fresh consent and a documented business reason.
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.