The right to request to see someones criminal records/belastningsregister, out of the country

2019-05-27 i STRAFFRÄTT
FRÅGA
Hello, I live in USA now but 19 yers ago I had a smaller crime registered in Swedish Brottsregister. At the time I got vilkorligt dom and dagsböter. Recently, I was in a car accident in US and the other car owner is suing me for neck pain and emotional distress. Now they are trying to find out if I have ever committed a crime in Sweden. My question is, can USA lawyer request my records from brottsregister /polisregister in Sweden? And will it still show anything from 19 years ago? Isn't it saved somewhere forever?How can I find out if anyone requested my records from brottsregister?Thank youLeanaAnswer in Swedish is ok
SVAR

Hi and thank you for using Lawline!

If I understand you right, you want to know if an American lawyer somehow can get your criminal records from Sweden and if so, if the crime you committed 19 years ago is still one there. To answer this I'm going to use Lagen om belastningsregister, but I will also try to explain some important "rules" about the criminal cooperation between Sweden and USA.

A crime will only stay on the record for a certain amount of years.

You are writing that you got "villkorlig dom" for the crime you committed. When this is the case, it is only going to stay in your record for 10 years from the day the decision was made (Lagen om belastningsregister, 17 § 4 punkten). This means that there is nothing to be found on your records.

Everyone does not have the right to request to see your records.

According to the law, there is a few Swedish authorities that does have the right to request to see individuals criminal records. But the rule in relation to out-of-the-country authorities, the right is a mot limited. According to the 12 § 2 st in the same law, countries that is a member of Interpol, does have the right to ask for criminal records, but only the police/prosecutor or the court has this right. So even if there was something, which as I described above is not the case, the lawyer that you are describing in your question will never have the right to, without your consent, see your criminal records.

I hope you got the answer you needed! If not, do not hesitate to send in another one.

Best wishes,

Ebba Alkehag
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