Clearing a Criminal Record in Belgium: Erasure and Rehab

A criminal conviction in Belgium is recorded in the strafregister / casier judiciaire, the central criminal record, and for many people the practical question is how and when it stops showing up. Belgian law offers two distinct routes off the record: uitwissing / effacement, an automatic erasure that happens by operation of law for the lightest sentences, and herstel in eer en rechten / réhabilitation, a court procedure you have to apply for when a sentence is too heavy to be erased automatically.

This page sits under Belgian criminal law and explains both mechanisms: who they cover, what has to be true before a conviction clears, who decides, and what "cleared" actually means once it happens. It pairs with the sibling page on the criminal record extract, which explains the different extract models an employer or citizen can request.

One important dated point runs through this page. The automatic-erasure rule in art. 619 is broadening on 1 September 2026 under W 2026-03-11/03. The current rule is narrow, and the new rule is much wider, so this page states both.

Information last verified on 22 July 2026. This page provides general legal information and does not constitute legal advice in an individual case.

Two mechanisms: erasure versus rehabilitation

Belgian law separates clearing a record into two tracks that never overlap. Uitwissing / effacement is automatic. It happens by operation of law, costs nothing, and requires no application, but it only reaches the lightest sentences. Herstel in eer en rechten / réhabilitation is the opposite in almost every respect: it is a court procedure you must apply for, the costs fall on the applicant, and it exists precisely for the sentences that automatic erasure cannot touch.

The link between the two is art. 620, which states that erasure of a conviction produces the effects of rehabilitation. In other words, once a light sentence is erased automatically, the legal consequences are the same as if a court had granted rehabilitation. The difference is only in the route: one is free and automatic, the other is applied-for and conditional.

Automatic erasure (art. 619)

Under the current art. 619, automatic erasure reaches only a politiestraf / peine de police, a police penalty. Such a conviction is erased 3 years after the judicial decision became definitive. There is no good-conduct condition and nothing to apply for; the erasure is purely a function of time passing. A guilty declaration or a suspension of the pronouncement is erased on the same basis where the underlying fact carries only a police penalty.

Erasure does not stop the authorities from still collecting a fine that was imposed. There is also an exclusion: a conviction is not erased this way if it carries a forfeiture or disqualification (vervallenverklaring / déchéance) that runs for more than 3 years, with the exception of a driving disqualification imposed for physical unfitness.

Changing on 1 September 2026. W 2026-03-11/03 substantially broadens art. 619 with effect from 1 September 2026. From that date, automatic erasure 3 years after the definitive decision will also reach fines up to 20,000 euro, work sentences up to 120 hours, probation up to 12 months, confiscations, proceeds-based fines, and certain accessory penalties, among others. The 3-year timing and the fine-collection and long-forfeiture carve-outs are preserved. Because this page goes live before that date, treat the wider list as a dated future change: the narrow police-penalty rule is what applies today, and the broader rule takes over on 1 September 2026.

Rehabilitation (art. 621-634)

When a sentence is too heavy to be erased automatically, the route is herstel in eer en rechten / réhabilitation. It covers correctionele and criminele straffen (correctional and criminal penalties) that art. 619 cannot reach. Under art. 621, an applicant is eligible only if they have not obtained a rehabilitation in the previous 10 years.

The preconditions are substantive, not just procedural. Under art. 622 the applicant must have served any custodial sentence and paid the fines. Under art. 623 restitution, damages and costs owed to victims and the State must be settled, although a court may waive this on proof of genuine inability to pay. Under art. 624 the applicant must have kept a fixed residence and shown improvement and good conduct across a probation period.

That probation period is set by art. 626 and this is where the real waiting happens. The basic tier under art. 626 is a minimum of 3 years, for police penalties or correctional imprisonment of up to 5 years; it rises to 6 years in cases of legal recidivism or a terbeschikkingstelling / mise à la disposition measure. The higher tier is a minimum of 5 years, for criminal penalties or correctional imprisonment above 5 years; it rises to 10 years in the equivalent recidivism situations. The full range therefore runs from 3 to 10 years of good conduct.

The procedure itself follows art. 628 onward. The applicant files a request with the procureur des Konings / procureur du Roi of the district where they live (Brussels if resident abroad), and this can be done at earliest 1 year before the art. 626 probation period expires. Under art. 630 the procureur-generaal lays the file before the kamer van inbeschuldigingstelling / chambre des mises en accusation, which decides within a month, behind closed doors. Under art. 631, if rehabilitation is refused, a fresh request cannot be filed for 2 years. Costs fall on the applicant (art. 633).

The effect is set by art. 634. Rehabilitation ends the future consequences of the conviction: it can no longer ground recidivism, no longer bar a conditional sentence, and can no longer be mentioned in the record extracts. It does not undo everything, however. It does not restore lost titles, ranks or offices, does not lift an inheritance ineligibility, and does not block a civil action for damages based on the same facts.

What "cleared" actually means

Both routes lead to the same practical result through art. 620 and art. 634: the conviction is removed from the record extracts a citizen or an employer can obtain, and it no longer counts toward recidivism. That is what most people mean by a clean record.

It is not, however, deletion from the justice system. The underlying judicial record persists, and judicial authorities and courts keep access to it. A conviction that has been erased or rehabilitated is invisible on the extracts that matter for employment and daily life, but it has not been physically wiped from the State's files. This is the honest, verified picture: the record is cleared for the purposes that affect a citizen, not erased from existence.

How this connects to the extract models

Which convictions appear on a given extract depends on the model requested, set by art. 594 to art. 596. The general model 595 excludes several categories, including rehabilitation judgments themselves. Model 596-1 is the regulated-activity model, and model 596-2 is the minors model, used for work involving minors.

The 596-2 minors model discloses more minor-related history than a standard extract, and a court prohibition on carrying out activities involving minors is noted while it remains in force. That is the accurate framing. It does not mean a conviction can never be cleared: once a conviction is erased or rehabilitated it no longer appears on any extract, including the 596-2, because art. 634 and art. 620 bar it from every model. What the 596-2 shows is a wider slice of minor-related history and a still-running ban, not an unerasable conviction. The sibling page on the criminal record extract covers the models in full.

Related Belgian criminal-law pages

This page sits under Belgian criminal law. For the different extract models and how to request one, see the criminal record extract page.

The following questions come up most often about clearing a Belgian criminal record.

This page provides general information about clearing a criminal record in Belgium and does not constitute legal advice in an individual case. The articles, timing and figures described here can change, and the art. 619 erasure rule in particular broadens on 1 September 2026. Confirm the current position with the FOD Justitie / SPF Justice or an advocaat / avocat before relying on anything here.

Frequently Asked Questions

When is a Belgian conviction erased automatically?

Under the current art. 619, only a politiestraf / peine de police is erased automatically, 3 years after the judicial decision became definitive, with no good-conduct condition. From 1 September 2026, under W 2026-03-11/03, automatic erasure broadens to also cover fines up to 20,000 euro, work sentences up to 120 hours, probation up to 12 months, confiscations and more, on the same 3-year timing.

What is the difference between erasure and rehabilitation?

Uitwissing / effacement is automatic, free, and requires no application, but only reaches the lightest sentences (art. 619-620). Herstel in eer en rechten / réhabilitation is a court procedure you apply for, with costs on the applicant, for heavier sentences that cannot be erased automatically (art. 621-634). Art. 620 gives erasure the same effects as rehabilitation.

How do I apply for rehabilitation?

You file a request with the procureur des Konings / procureur du Roi of your district (Brussels if you live abroad), at earliest 1 year before the art. 626 probation period ends. The kamer van inbeschuldigingstelling / chambre des mises en accusation then decides, within a month and behind closed doors (art. 628-630).

How long is the rehabilitation probation period?

It is set by art. 626 and runs from a minimum of 3 years for lighter cases to a minimum of 5 years for heavier ones, rising to 6 or 10 years respectively in cases of legal recidivism or a terbeschikkingstelling / mise à la disposition measure. The overall range is 3 to 10 years of good conduct.

Once cleared, is the conviction gone completely?

No. After erasure or rehabilitation the conviction no longer appears on the record extracts and no longer counts toward recidivism (art. 620, art. 634), but the underlying judicial record persists and judicial authorities keep access to it. It is cleared for the purposes that affect a citizen, not deleted from justice files.

Does an erased conviction still show on the 596-2 minors extract?

No. An erased or rehabilitated conviction no longer appears on any extract, including the 596-2, because art. 634 and art. 620 bar it from every model. The 596-2 discloses more minor-related history than a standard extract, and a court ban on working with minors stays visible while that ban is still in force, but that is not the same as an unerasable conviction.