A qualification test and a job in the security industry despite a criminal record?
I was imprisoned for a violation of the Narcotics Act and therefore have an entry in my criminal record. Is it still possible to take the qualification examination according to § 34a GewO and then work as a security guard?
The Chamber of Industry and Commerce does not check for criminal records or other facts that might cast doubt on the required reliability.
This means that you can take the exam in any case. Of course, this only makes sense if you are considered reliable (in the sense of paragraph 1 sentence 4 § 34a GewO) and are allowed to work afterwards. Otherwise you will have passed the IHK examination, but the employer in the security sector will not be allowed to employ you.
With regard to previous convictions, it says that reliability is generally not given if one has
in the last five years prior to filing the application, has been finally sentenced to a custodial sentence, a juvenile sentence, a monetary penalty of at least 90 daily rates or at least twice to a lesser monetary penalty for attempting or committing one of the offences listed below, or for whom the imposition of a juvenile sentence has been suspended, if five years have not yet elapsed since the last sentence became final:
(a) crimes within the meaning of section 12(1) of the Criminal Code,
b) offences against sexual self-determination, trafficking in human beings or promoting trafficking in human beings, intentional bodily harm, deprivation of liberty, theft, embezzlement, extortion, fraud, embezzlement, receiving stolen goods, forgery, breach of the peace or trespass, or resisting or assaulting law enforcement officers or persons who are equivalent to law enforcement officers,
c) offences against the Narcotics Act, the Medicines Act, the Weapons Act, the Explosives Act, the Residence Act, the Employee Transfer Act or the Act to Combat Clandestine Employment; or
(d) an offence endangering the protection of the state or dangerous to the public.
As you can see, the offence committed, the amount of the sentence and the time are significant influencing factors here.
Ultimately, it is the local competent authority that decides whether you are allowed to work in the trade or not. I would therefore recommend that you proactively contact your competent municipality or city administration. The enquiry could also be made through your (future) employer via the competent authority or the guard register. However, this is associated with costs.