APPLICATION PACK. Overseas Criminal Record Check. France

Transcription

1 APPLICATION PACK Overseas Criminal Record Check France

2 Guidance Notes for the Organisation requesting the check To initiate a criminal record check a copy of the completed GBG application form that has been signed and dated by the applicant should be sent, along with a scanned image of the applicants Passport/Identity Document via (password protected) to OCRC@gbgplc.com by the organisation requesting the check. Official source of information Casier Judiciaire National Expected results from the source of information «Extrait du bulletin Numéro 3 du casier Judiciaire» which contains the following information: Robbery: vol Theft and handling stolen goods: vol et recel Fraud and forgery: fraude et contrefaçon Criminal damage: préjudice sur les biens matériels. Drug offences: infractions à la législation sur les stupéfiants Motoring offences: infractions au code de la route Violence against the person: agression sur les personnes Sexual offences: agression sexuelle Burglary: vol avec effraction, cambriolage B3 s objective is not to inform - as it is a lighter version - but to allow an individual to produce evidence of absence of any recent and serious condemnation against him. The content of B3 is limited to (art 777): Sentence to imprisonment for more than two years without suspension or for which suspension was retracted. Sentence to imprisonment for less than two years if the court has ordered its mention onto the offender s B3 (this is extremely rare). Interdictions, incapacity or forfeiture pronounced as principal sentence while they last. The court could order that any of those condemnations would not be mentioned onto the offender s B3. Anyone requesting copy of his B3 must justify of their identity. There are no B3 for legal entities. For information, about B3 are delivered every year. Page 2 of 6

3 How often is the information updated Felonies (serious offences) remain disclosable for 5 years after the sentence has been completed. Misdemeanours (less serious offences) remain disclosable 3 years after the sentence has been completed. In the case of convictions of minors, these are removed from the Bulletin 3 once the individual has reached maturity and 3 years from the date of the crime have passed. Turnaround time Working Days The certificate will be sent via password protected to the relevant person at the organisation that has requested the check. What laws and regulations apply- Legal Framework Articles 768 to 781 of the French penal code ( Code de Procédure Pénale ) form the governing legislation regarding disclosure of criminal records in France. La loi n du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés GDPR, applicable from 25th of May 2018 The relevant legislation is published online in French only Potential Limitations Based on the article 777 of the code of criminal procedure third parties processing a request in country for candidates located in country cannot receive criminal record certificates for individuals residing in France. According to the CNIL ''an employer could not hire an individual only in case that the criminal background is not compatible with the position for which the person is to be recruited'': those conditions are applicable for French territory and subject to French Law Disclaimer Information provided in this pack in relation to the criminal record check is correct at time of production. Page 3 of 6

4 Guidance Notes for the Applicant This application form captures the information that GB Group PLC (GBG) needs in order to process an overseas criminal record check in France. Please read the instructions below before you start, as they will help you to complete the form correctly. Information Required Make sure that you fill in all the fields on the form. You (the applicant) should complete the form yourself. You must supply all of the following: o Your full name and date of birth o Place of Birth o Your most recent address in France o A scanned image Passport/ID o A signed consent form Please complete the application form and return it to the organisation that has requested the check, as per their instructions. Page 4 of 6

5 French Criminal Record Check: GBG Application Form Section 1: Personal details Full Name: (First Name, Last Name) Date of Birth: Place of Birth: DD/MM/YYYY Section 2: Address details Please supply your most recent French address. Your application cannot be processed without this information. Most Recent Address in France Building Name: House/Flat Number: Street: City/Town: Postcode/Zip code: Country: Current UK Address Building Name: House/Flat Number: Street: City/Town: Postcode/Zip code: Country: Section 3: Identity Documents Please provide a scanned image/photocopy of your Passport/ID Page 5 of 6

6 Section 4: Applicant/Employee Notification and Release of Information Applications for this criminal record check are processed by the organisation that has requested this check (usually your employer), GBG KnowYourPeople ( GBG ) and icover. The information provided by you to the organisation that has requested this check will be passed to GBG who administer the check on behalf of the organisation. In order for overseas criminal record checks to be completed, your information will also be passed to icover to conduct searches on your background information. This may include civil and criminal records, local language media information and this will be completed by contacting the relevant government agencies and courts and other contributors (the Contributors ) within the country noted on this application form. These bodies use the information provided to identify possible matches to records held by them. Where such a match is established, personal data may be released to icover for inclusion on any report issued and where criminal record information is noted, personal data and information relating to any criminal record relating to you will be released to icover for inclusion on any report issued. Where your personal data is transferred outside the EEA, it is protected in a manner that is consistent with how your personal data will be protected in the EEA. This can be done in a number of ways: The country might be approved by the European Commission or a relevant data protection authority; The recipient might have signed up to a contract based on model contractual clauses approved by the European Commission, obliging them to protect your personal data. In other circumstances, the law may permit the transfer your personal data outside the EEA, for example, where there is a legal obligation of the organisation requesting the check or a contractual obligation to complete the check. The information provided in this application form may be used to verify your identity for authentication purposes. Release of Information Please tick the box I give my consent for the relevant government agencies and courts and other contributors (the Contributors ) to provide icover with personal information that they may hold about me in relation to this check. I confirm that I have read the above statement of Applicant/Employee Notification and Release of Information and I am aware how my information will be used to complete the check. Print Name: Applicant Signature: Date: Page 6 of 6