Swiss Criminal Code

¹ Con­vic­tions that in­volve a cus­todi­al sen­tence are re­moved ex of­fi­cio if the fol­low­ing peri­ods have elapsed over and above the peri­od of the sen­tence im­posed by the court:

a.

20 years in the case of a cus­todi­al sen­tence of at least five years;

b.

15 years in the case of a cus­todi­al sen­tence of at least one but less than five years;

c.

ten years in the case of cus­todi­al sen­tences of less than a year;

d.⁵³⁹

ten years in the case of depriva­tion of liberty in ac­cord­ance with Art­icle 25 JCLA⁵⁴⁰.

² In the event that a cus­todi­al sen­tence has already been entered in the re­gister, the peri­ods in ac­cord­ance with para­graph 1 are ex­ten­ded by the dur­a­tion of that sen­tence.

³ Con­vic­tions in­volving a sus­pen­ded cus­todi­al sen­tence, a sus­pen­ded cus­tody or­der, a mon­et­ary pen­alty, com­munity ser­vice or a fine as the main pen­alty are re­moved ex of­fi­cio after ten years.⁵⁴¹

⁴ Con­vic­tions that in­volve an in-pa­tient meas­ure in ad­di­tion to a sen­tence or an in-pa­tient meas­ure alone are re­moved ex of­fi­cio after:

a.

15 years in the case of meas­ures un­der Art­icles 59–61 and 64;

b.⁵⁴²

ten years in the case of se­cure place­ment in ac­cord­ance with Art­icle 15 para­graph 2 of the JCLA.

c.⁵⁴³

sev­en years in the case of open place­ment in an in­sti­tu­tion or with private per­sons in ac­cord­ance with Art­icle 15 para­graph 1 JCLA.

^4bis Con­vic­tions that solely in­volve out-pa­tient treat­ment in ac­cord­ance with Art­icle 63 are re­moved ex of­fi­cio after ten years. Con­vic­tions that in­volve out-pa­tient treat­ment in ac­cord­ance with Art­icle 14 JCLA are re­moved ex of­fi­cio after five years un­less it is pos­sible to cal­cu­late the peri­od in ac­cord­ance with para­graphs 1–4.⁵⁴⁴

^4ter Con­vic­tions that solely in­volve a meas­ure un­der Art­icle 66 para­graph 1, 67 para­graph 1 or 67e of this Code or un­der Art­icles 48, 50 para­graph 1 or 50e of the Mil­it­ary Crim­in­al Code⁵⁴⁵ are re­moved ex of­fi­cio after ten years.⁵⁴⁶

^4quater Con­vic­tions that solely in­volve a pro­hib­i­tion or­der un­der Art­icle 67 para­graphs 2–4 or un­der 67b of this Act or un­der Art­icle 50 para­graphs 2–4 or un­der 50b MCC are re­moved ex of­fi­cio after ten years.⁵⁴⁷

^4quin­quies Con­vic­tions that solely in­volve a pro­hib­i­tion or­der un­der Art­icle 16a JCLA are re­moved ex of­fi­cio after sev­en years.⁵⁴⁸

⁵ The peri­ods in ac­cord­ance with para­graph 4 are ex­ten­ded by the dur­a­tion of the re­mainder of the sen­tence.

^5bis Con­vic­tions that in­clude an ex­pul­sion or­der re­main on the re­gister un­til the death of the per­son con­cerned. If the per­son con­cerned is not res­id­ent in Switzer­land, the con­vic­tion is re­moved from the re­gister at the latest 100 years after his birth. If the per­son con­cerned ac­quires Swiss cit­izen­ship, he may ap­ply to have the con­vic­tion re­moved in ac­cord­ance with peri­ods set out in para­graphs 1–5 eight years after nat­ur­al­isa­tion.⁵⁴⁹

⁶ The peri­od be­gins to run:

a.⁵⁵⁰

in the case of con­vic­tions un­der para­graphs 1, 3 and 4^ter, 4^quater and 4^quin­quies: on the day on which the con­vic­tion be­comes leg­ally bind­ing;

b.

in the case of con­vic­tions un­der para­graphs 4 and 4^bis: on the day on which the meas­ure is re­voked or the per­son con­cerned re­ceives his fi­nal dis­charge from the meas­ure.⁵⁵¹

⁷ After re­mov­al, the entry may no longer be re­con­struc­ted. The re­moved con­vic­tion may no longer be cited against the per­son con­cerned.

⁸ Data from the re­gister of con­vic­tions must not be archived.