Juvenile Record Despite Case Dismissal

Juvenile Record Despite Case Dismissal: When Is an Entry Made in the Erziehungsregister?

Criminal proceedings against a young person have been discontinued. Nevertheless, the parents are told that the case will remain “in the internal system” or that an entry has been made in the German juvenile education register, the Erziehungsregister.

This is understandably confusing: if there was no conviction, why should information about the case still be recorded?

The answer does not depend solely on the fact that the proceedings were discontinued. The decisive question is which legal provision was used by the public prosecutor or juvenile court to end the case.

The main rule is:

A discontinuation under section 170(2) of the German Code of Criminal Procedure generally does not lead to an entry in the Erziehungsregister. A decision under section 45 JGG or a judicial discontinuation under section 47 JGG is, however, generally recorded.

An entry in the Erziehungsregister does not mean that the young person has been criminally convicted. It also does not automatically appear in a standard or extended German criminal-record certificate.

"The statement ‘the case was dismissed’ is not enough for a reliable legal assessment. The exact provision stated in the decision must be checked."

— Tom Beisel, Attorney at Law (Germany)

Quick overview

Outcome of the juvenile proceedings	Entry in the Erziehungsregister?
Discontinuation under section 170(2) StPO	No
Waiver of prosecution under section 45(1) JGG	Yes
Waiver of prosecution under section 45(2) JGG	Yes
Waiver of prosecution under section 45(3) JGG	Yes
Judicial discontinuation under section 47 JGG	Yes
Acquittal because the allegation could not be proven	Generally no
Young person was only a witness	No
Acquittal or discontinuation due to insufficient maturity	Entry possible
Juvenile-court conviction	Depends on the legal consequence imposed

⚠️ Important: The complete written decision must be reviewed. A verbal statement that the case is “closed” does not show whether information was sent to the Erziehungsregister.

What is the Erziehungsregister?

The Erziehungsregister is a special section of the German Federal Central Criminal Register. It contains certain decisions and measures arising from criminal proceedings against young people, as well as some family-court decisions.

It may include:

→educational measures
→disciplinary measures imposed under juvenile criminal law
→certain court instructions and conditions
→waiver of prosecution under section 45 JGG
→discontinuation by a juvenile court under section 47 JGG
→certain decisions based on insufficient criminal maturity

The purpose of the register is to allow prosecutors and juvenile courts to see whether a young person has previously been subject to a juvenile-law response.

It is not a public register. Private employers, schools and training providers cannot simply request access to it.

No entry after discontinuation under section 170(2) StPO

The public prosecutor discontinues an investigation under section 170(2) StPO if the investigation has not produced sufficient grounds for bringing charges.

This may be the case where:

→the young person’s involvement cannot be proven
→the required intent cannot be established
→the conduct does not constitute a criminal offence
→the available statements are contradictory
→there is insufficient admissible evidence
→a justification cannot be excluded
→a conviction is not sufficiently likely

Such a decision means that the evidence is insufficient to support an indictment and an expected conviction.

Section 170(2) StPO is not listed as a reportable decision under section 60 BZRG. For that reason, the discontinuation itself does not result in an entry in the Erziehungsregister.

A typical wording is:

“Das Ermittlungsverfahren wird gemäß § 170 Abs. 2 StPO eingestellt.”

In English:

“The investigation is discontinued pursuant to section 170(2) of the German Code of Criminal Procedure.”

Where this provision is expressly stated in the decision, there is generally no Erziehungsregister entry arising from that discontinuation.

More about the discontinuation of criminal proceedings

Example: Merely present during a theft

A 16-year-old accompanies a friend to a shop. The friend secretly takes goods without paying. The 16-year-old is nearby but does not actively participate.

Mere presence at the scene is not normally sufficient to establish aiding and abetting. It would have to be proven that the young person knew about the theft and deliberately supported it.

Deliberate assistance could exist, for example, if the young person:

→intentionally distracted the staff
→warned the friend about a possible inspection
→acted as a lookout
→took possession of the stolen goods
→helped plan the offence
→deliberately helped the friend avoid detection

If such assistance cannot be proven and the proceedings are discontinued under section 170(2) StPO, no entry in the Erziehungsregister is generally made.

Entry following a decision under section 45 JGG

Section 45 JGG allows the public prosecutor to end juvenile criminal proceedings without filing charges and without obtaining a criminal conviction.

This method of ending proceedings is often referred to as diversion. Its purpose is to respond to misconduct by a young person through an educational approach without immediately conducting a full criminal trial.

Decisions under section 45 JGG are generally entered in the Erziehungsregister.

This also applies where:

→no community service was imposed
→no court hearing took place
→no fine was imposed
→no juvenile sentence was ordered
→the case appeared to end without any substantial consequences

Section 45(1) JGG: No additional measure required

Under section 45(1) JGG, the public prosecutor may waive prosecution where the matter is comparatively minor and no further educational response appears necessary.

Relevant factors may include:

→a first-time incident
→limited damage
→behaviour typical of adolescence
→evidence of insight
→no need for further educational measures

A typical wording is:

“Von der Verfolgung wird gemäß § 45 Abs. 1 JGG abgesehen.”

This means:

→no indictment
→no main court hearing
→no criminal conviction
→but generally an entry in the Erziehungsregister

Even where the investigation itself is considered a sufficient response, the decision under section 45(1) JGG remains recordable.

Section 45(2) JGG: An educational response has already taken place

Under section 45(2) JGG, prosecution may be waived where an appropriate educational response has already been carried out or initiated.

Examples may include:

→a serious discussion with the parents
→a response by the school or employer
→an apology
→compensation for damage
→victim-offender mediation
→a meeting with the juvenile court assistance service
→voluntary community work
→participation in a counselling programme

The measure does not necessarily have to be formally imposed by the public prosecutor.

Nevertheless, a decision under section 45(2) JGG is generally entered in the Erziehungsregister.

Section 45(3) JGG: Involvement of the juvenile judge

Under section 45(3) JGG, the public prosecutor considers educational involvement by a juvenile judge necessary, while a formal indictment and judgment are not required.

The juvenile judge may, for example:

→issue a warning
→give instructions
→impose conditions
→require community service

Once the measure has been completed, prosecution is finally waived.

Both the decision and, where applicable, the measure imposed may be recorded in the Erziehungsregister.

Judicial discontinuation under section 47 JGG

Section 47 JGG applies where charges have already been filed and the matter is before the juvenile court.

The court then decides whether the proceedings can be discontinued without a criminal judgment.

A typical wording is:

“Das Verfahren wird gemäß § 47 JGG eingestellt.”

In English:

“The proceedings are discontinued pursuant to section 47 JGG.”

Such a judicial discontinuation is generally entered in the Erziehungsregister even though:

→there is no conviction
→the proceedings have ended
→no juvenile sentence was imposed
→the matter is described as having been discontinued

Does an entry mean that the young person has a criminal conviction?

No. A decision under section 45 or section 47 JGG is not a criminal conviction.

There is generally:

→no criminal judgment
→no German penalty order
→no criminal fine
→no juvenile custodial sentence

The young person is therefore not considered criminally convicted merely because the proceedings were concluded under one of these provisions.

However, the entry can be relevant within the juvenile justice system. If another investigation is opened later, the authorities may see that there has already been an earlier educational response.

This may affect whether the case is treated as a genuine first-time incident.

Does the entry appear in a German criminal-record certificate?

An entry that exists only in the Erziehungsregister generally does not appear in:

→a standard private Führungszeugnis
→an extended Führungszeugnis
→a certificate issued for an authority merely because of that entry

In practice, this generally means:

→a private employer will not see the entry
→a vocational training provider will not see it
→a school or university will not receive it through a Führungszeugnis
→an association will not see it in an extended criminal-record certificate

A genuine juvenile-court conviction must be distinguished from this. In particular, different rules apply where a juvenile sentence has been imposed.

Who may obtain information from the Erziehungsregister?

Only authorities and institutions expressly authorised by law may receive information.

Depending on the legal requirements, these may include:

→criminal courts
→public prosecutors
→prison authorities
→certain family courts
→youth welfare offices
→pardon authorities
→certain weapons and explosives authorities
→aviation security authorities
→certain security and intelligence authorities

A private employer does not have direct access to the Erziehungsregister.

Must the entry be disclosed to an employer?

Generally, no.

A person is normally not required to disclose either the entry in the Erziehungsregister or the underlying incident to a private employer.

This usually applies to:

→private employers
→vocational training providers
→schools
→universities
→associations
→other private organisations

A different assessment may apply where a court or authority has a statutory right to obtain information from the Erziehungsregister and the person has been properly informed that the matter may not be concealed.

Applications for the police, prison service, security-sensitive employment or positions involving special reliability checks should therefore be assessed individually.

The exact question asked on the application form and the legal authority behind it are important.

How long does the entry remain?

Entries in the Erziehungsregister are generally removed when the person reaches the age of 24.

In exceptional cases, removal may be postponed where certain serious convictions or custodial measures remain recorded in the Federal Central Criminal Register.

For a 16-year-old, an ordinary Erziehungsregister entry would therefore generally be removed when the person turns 24.

Can the entry be removed earlier?

An application for early removal may be possible.

The register authority may remove an entry before the person reaches the age of 24 where:

→the imposed legal consequence has been fully completed, and
→no public interest requires the entry to remain

There is no automatic entitlement to early removal. The authority makes a discretionary decision based on the circumstances of the individual case.

Factors supporting early removal may include:

→a single minor incident
→a long period without any further offences
→full completion of all measures
→achievement of the intended educational effect
→no further criminal investigations
→serious and specific professional disadvantages
→an upcoming security or reliability assessment

Not every entry needs to be challenged. Because it does not normally appear in a criminal-record certificate and generally does not have to be disclosed, its external effects are often limited.

What does “still stored internally” mean?

A statement that the incident is “still stored internally” does not necessarily refer to the Erziehungsregister.

Information about discontinued proceedings may also remain temporarily stored in:

→the Central Register of Public Prosecution Proceedings
→police case-management systems
→internal prosecution systems
→the retained investigation file

Different legal rules and retention periods apply to each system.

A case discontinued under section 170(2) StPO may therefore remain visible to certain authorities for a period of time even though there is no entry in the Erziehungsregister.

⚠️ Important: The Erziehungsregister, prosecution registers, police databases and investigation files are separate systems.

The term “internal record” does not identify which system is involved.

How can the existence of an entry be verified?

Step 1: Review the discontinuation decision

The first step is to identify the legal provision stated in the decision.

Typical wording includes:

→“gemäß § 170 Abs. 2 StPO eingestellt” — generally no entry
→“gemäß § 45 JGG von der Verfolgung abgesehen” — generally an entry
→“gemäß § 47 JGG eingestellt” — generally an entry
→“nach Erfüllung der Auflage eingestellt” — the precise legal basis must be checked

The complete document should be reviewed rather than relying on a short notification or telephone explanation.

Step 2: Review the investigation file

If the decision is incomplete or unclear, access to the investigation file may be necessary.

The file may show:

→whether the young person was treated as a suspect
→the precise allegation
→which evidence was available
→whether an educational measure was carried out
→which provision was actually applied
→whether a notification to the register was initiated

More about access to the investigation file

Step 3: Request information about stored records

The young person or their legal representative may seek clarification of which information is actually stored.

A distinction must be made between:

→information from the Federal Central Register and the Erziehungsregister
→information from the Central Register of Public Prosecution Proceedings
→data stored in police information systems

Each request answers a different question.

A clean criminal-record certificate alone does not necessarily prove that no information exists in the Erziehungsregister.

Which documents should be provided to the lawyer?

For a reliable legal assessment, the following documents and information are helpful:

→the complete written discontinuation decision
→all letters from the police
→all letters from the public prosecutor or court
→the case reference number
→information about any police interview
→details of community service, apologies or compensation
→correspondence from the juvenile court assistance service
→the specific reason why the possible entry is causing concern
→any register information already obtained

It is particularly important to clarify why the entry may create a practical problem.

If the concern relates only to a standard private criminal-record certificate, an Erziehungsregister entry alone will generally have no direct external effect.

A more detailed assessment may be necessary where the matter concerns:

→an application to the police
→a security clearance
→a weapons-law reliability assessment
→aviation security
→another criminal investigation
→a public-service position with special disclosure requirements

When should a lawyer review the case?

Legal assistance may be useful where:

→the discontinuation decision is unclear
→section 45 JGG was applied despite insufficient evidence
→the young person disputes any involvement
→an incorrect register entry is suspected
→correction of stored information is required
→early removal is being considered
→a security-sensitive application is planned
→an authority requests information about earlier juvenile proceedings
→police data storage needs to be reviewed
→an earlier matter is being considered in a new investigation

Not every Erziehungsregister entry needs to be challenged. In many cases, the practical consequences are limited.

However, legal action may be appropriate where the wrong legal basis was used or a specific disadvantage is likely.

Frequently asked questions about the Erziehungsregister

Is every discontinued juvenile case entered?

No. The legal basis is decisive. A discontinuation under section 170(2) StPO is generally not entered. Decisions under sections 45 and 47 JGG are generally recorded.

Does an entry mean that the young person has been convicted?

No. A decision under section 45 or section 47 JGG is not a criminal conviction.

Does the entry appear in a Führungszeugnis?

An entry that exists only in the Erziehungsregister generally does not appear in a standard or extended German criminal-record certificate.

Will a vocational training provider see it?

Generally not. A private vocational training provider does not have direct access to the Erziehungsregister.

Must the entry be disclosed when applying for a job?

Generally not to a private employer. Applications to authorised public authorities or for security-sensitive positions require an individual assessment.

When is the entry removed?

It is generally removed when the person reaches the age of 24, unless a statutory exception applies.

Can it be removed earlier?

An application for early removal may be filed. The decision depends on completion of all measures, subsequent conduct and whether a public interest requires continued storage.

Does “internally stored” automatically mean an Erziehungsregister entry?

No. The information may instead be held in a prosecution register, a police database or the retained investigation file.

Conclusion

The following basic rule applies when determining whether discontinued juvenile criminal proceedings are entered in the Erziehungsregister:

Section 170(2) StPO: generally no entry.
Section 45 JGG or section 47 JGG: generally an entry.

An entry under section 45 or section 47 JGG is not a criminal conviction and generally does not appear in a criminal-record certificate.

It may nevertheless be available to certain criminal justice, youth welfare and security authorities.

For a reliable assessment, the first step is to review the complete written decision and identify the exact legal provision used.

Contact

Were the criminal proceedings against your child discontinued, but questions remain about a possible entry in the Erziehungsregister?

Attorney Tom Beisel reviews:

→the discontinuation decision and investigation file
→the legal basis used to end the proceedings
→possible register entries
→correction of inaccurate records
→applications for early removal
→consequences for education, employment and security checks

Advice is available in German, English and Russian.

→Mobile: +49 172 8974716
→Office: +49 201 4517 380
→Email: kanzlei@rechtsanwalt-beisel.de
→Address: Bredeneyer Str. 2b, 45133 Essen, Germany

Juvenile criminal defence and legal advice - direct, discreet and strategic.