Into the secu­ri­ty busi­ness despi­te a cri­mi­nal record?

ForumInto the secu­ri­ty busi­ness despi­te a cri­mi­nal record?
Erdo­gan Mugan asked 1 year ago

What if I have a cri­mi­nal record, can I still do the 34a licence?

1 Ans­wers
Exper­ti­se 34a Staff ans­we­red 1 year ago

You are allo­wed to take the expert know­ledge exami­na­ti­on accor­ding to § 34a Gewo in any case. The IHK does not check pre­vious con­vic­tions. This is not the task of the IHK, but the exami­na­ti­on of the requi­red qua­li­fi­ca­ti­on. In case of doubt, howe­ver, you will not be allo­wed to work becau­se you lack the neces­sa­ry relia­bi­li­ty. This is che­cked by the com­pe­tent aut­ho­ri­ty when the (poten­ti­al) employ­er appli­es via the guard regis­ter. The resi­dence aut­ho­ri­ty also obta­ins infor­ma­ti­on from other offices, for exam­p­le from the Fede­ral Cen­tral Regis­ter or the Fede­ral Office for the Pro­tec­tion of the Constitution.

Regar­ding pre­vious convictions:
If you recei­ve a fine of 90 dai­ly rates or more, you are con­side­red to have a cri­mi­nal record. It may also depend on the type of pre­vious con­vic­tion and how long ago it was com­mit­ted. Offen­ces com­mit­ted under juve­ni­le cri­mi­nal law are usual­ly no lon­ger rele­vant later on. If you have been con­vic­ted of a crime, this may cle­ar­ly pre­vent you from working, depen­ding on the type of offence.
The com­pe­tent aut­ho­ri­ty makes the final decis­i­on. The decis­i­on is not only based on data from the (exten­ded) cer­ti­fi­ca­te of good con­duct, but also on infor­ma­ti­on about pos­si­ble ongo­ing inves­ti­ga­ti­ons and fin­dings from poli­ce aut­ho­ri­ties, from the Office for the Pro­tec­tion of the Con­sti­tu­ti­on or infor­ma­ti­on available from your resi­dence aut­ho­ri­ty. This com­pre­hen­si­ve check is car­ri­ed out as part of the noti­fi­ca­ti­on to the guard regis­ter, which the secu­ri­ty com­pa­ny is obli­ged to make.
I would recom­mend you to proac­tively talk to the respon­si­ble local aut­ho­ri­ty in advance.
The­re are num­e­rous examp­les in the past whe­re even rele­vant pre­vious con­vic­tions did not pre­vent a per­son from working as a secu­ri­ty guard. In case of doubt, howe­ver, this is an indi­vi­du­al decis­i­on by the aut­ho­ri­ty, which has its own dis­cre­tio­na­ry powers to a cer­tain extent.