Criminal records in Estonia: when is punishment data deleted and who can see it?
Data in the Estonian criminal records database (karistusregister) is deleted from the database and moved to the archive once the period provided by law has expired. Data on a fine imposed for a misdemeanour (väärtegu) is generally moved to the archive one year after the fine is paid. For criminal offences, the period depends on the type of punishment. Archived data is not publicly available. It can be obtained by you and, in cases provided by law, by the persons and authorities listed in § 20 of the Criminal Records Database Act.
Deletion of punishment data therefore means that the data is removed from the database and moved to the archive, not that it is immediately destroyed.
What does the criminal records database show and when is a punishment in effect?
The criminal records database contains data on persons who have been punished and on their punishments. As long as the data remains in the database, the punishment is in effect. A punishment in effect is taken into account, among other things, when assessing repeat offending if a new offence is committed. Once the data is deleted from the database and moved to the archive, the punishment is no longer in effect and, as a rule, is no longer taken into account as a previous conviction or for repeat offending. Archived punishment data has legal significance only in cases provided by law. In addition, a court may use it in certain situations when assessing risks, as explained below.
Data in the database is public unless the law provides otherwise. Everyone has the right to obtain data about themselves. When requesting data about another person, you must state the legal basis or purpose of the request. A standard request shows another person only punishments in effect, not the archive.
When is punishment data deleted?
Under § 24 of the Criminal Records Database Act, the main periods for adults are as follows. Data is deleted from the database and moved to the archive when:
- one year has passed since payment of a fine, serving of detention, performance of community service or deprivation of driving rights as a principal punishment for a misdemeanour
- two years have passed since payment of a fine or execution of detention for a tax misdemeanour
- two years have passed since the end of involuntary psychiatric treatment or treatment for addiction
- three years have passed since execution of a decision imposing a pecuniary punishment for a criminal offence
- three years have passed since the end of the probationary period of a suspended sentence
- three years have passed since performance of community service imposed for a criminal offence
- five years have passed since serving imprisonment of less than five years
- ten years have passed since serving imprisonment of five to twenty years
- fifteen years have passed since serving imprisonment of more than twenty years
Data is also deleted if the limitation period for enforcing the decision has expired or the person has died.
The period starts when both the principal and the supplementary punishment have been served. For example, if a fine and, as a supplementary punishment, deprivation of driving rights were imposed for a traffic misdemeanour, the one-year period starts when the fine has been paid and the period of deprivation of driving rights has ended.
Data on life imprisonment is generally not deleted. The exception is where a person is released from life imprisonment. In that case, the deletion period is calculated on the basis of the punishment actually served.
You do not need to apply for the data to be moved to the archive, and you cannot request it earlier. The database can calculate the period correctly only once the data on enforcement of the punishment, such as payment of a fine, has reached it. This data is sent by the authority that imposed the fine or by the bailiff, not by the person themselves.
Is data on a punishment received as a minor deleted sooner?
Yes. If the person was a minor when the offence was committed, the deletion periods are shorter. For example, data on a pecuniary punishment, a suspended sentence and community service for a criminal offence is moved to the archive after two years, and data on imprisonment of less than five years after three years. For a misdemeanour punishment, the period is also one year.
What happens to the data once it is archived?
Data on a misdemeanour punishment is kept in the archive for ten years and data on a punishment for a criminal offence for 50 years from the date it was archived.
Not everyone can see archived data. You have the right to obtain archived data about yourself as well. Others may receive it only if they are among the persons and authorities listed in § 20 of the Criminal Records Database Act and only for the purposes set out there, for example investigative bodies, the prosecutor’s office and security authorities. An employer may check archived data only in cases specifically provided by law, for example for work with children or for service in the police, the prosecutor’s office or the prison service.
Can an archived punishment be taken into account later?
An archived punishment is no longer in effect, but in some cases archived punishment data may still be taken into account. The law lists the situations in which it has legal significance, for example work with children, certain public offices and citizenship and aliens proceedings. Who may request data from the archive and for what purpose is regulated separately by § 20 of the Criminal Records Database Act.
In its ruling of 15 February 2023 in case no. 1-15-1446/76, the Supreme Court (Riigikohus) changed its earlier case law. A court may take archived punishment data into account when deciding on release on parole or, when ordering custody, assessing whether a person may evade criminal proceedings or continue to commit offences. Archived punishment data then forms part of the person’s previous conduct. At the same time, the Supreme Court emphasised that the significance of a previous punishment diminishes over time and that what matters is how much time has passed and whether the acts form a pattern of behaviour.
Can an employer demand an extract from the criminal records database?
An employer may not require you to obtain your own criminal records data and hand it over to them. The law prohibits requiring a person to provide data about themselves that is held in the database or in its archive, and the Data Protection Inspectorate (in Estonian) has also emphasised this. If an employer is entitled to check criminal records data, they must as a rule make the request themselves and be responsible for ensuring that there is a legal basis for the check. The request remains in the database log, and it is later possible to see who requested your data and when.
There is a reason for this prohibition. You can obtain archived data about yourself, but an employer has no general right to see it. If an employer could require you to bring a full extract yourself, they would obtain through you data that they cannot access directly from the database.
When requesting data about another person, the legal basis or purpose of the request must be stated. In addition, the employer must have a legal basis for processing criminal records data that complies with data protection requirements, and the check must be necessary for the specific job. An employer may check archived data only in cases specifically provided by law. For example, for work with children, the employer must check the applicant’s criminal records data themselves. The law does, however, allow you to voluntarily authorise another person to make a request about you.
Does a new punishment extend the deletion period of an earlier one?
No. Since 1 October 2013, a new punishment does not extend the deletion period of an earlier punishment. Data on each punishment is assessed according to the period that applies to it. An earlier punishment that is still in effect may nevertheless matter when assessing repeat offending. If the final conviction was made before 1 October 2013, previous convictions and repeat offending are assessed under the law in force at the time of the proceedings.
How can you check your criminal records data?
- Make a request in the e-File (e-toimik). Log in with your ID card, Mobile-ID or Smart-ID. You will see both the database and the archive data about yourself, and the request is free of charge.
- Calculate the period. In a simple case, find the date on which the fine was paid, the punishment was served or the probationary period ended, and add the period provided by law. In the case of early release, a substitute punishment or several punishments, the starting point may be different.
- If the fine has been paid but this does not show in the database, contact the authority that imposed the fine, such as the police, or the bailiff if the fine was enforced. They send the enforcement data to the database. If you do not know which bailiff handled the matter, the Chamber of Bailiffs and Trustees in Bankruptcy can help.
- If the limitation period for enforcing the fine has expired but the data is still in the database, also contact the authority that imposed the fine or the bailiff so that the expiry is recorded in the database.
- If the data is incorrect for another reason, contact the criminal records database at the Centre of Registers and Information Systems (RIK). If you believe that your rights have been infringed in the processing of your data, you may also turn to the Data Protection Inspectorate or a court.
More information about criminal records requests and data is available in the criminal records database FAQ of the Centre of Registers and Information Systems.
Frequently asked questions
When is a fine deleted from the criminal records database?
Data on a fine imposed for a misdemeanour is generally moved to the archive one year after the fine is paid. For a fine for a tax misdemeanour, the period is two years.
What does another person see when they request my criminal records?
A standard request shows another person only punishments in effect, not the archive. A fine of less than 50 fine units imposed for a misdemeanour is not shown in the extract, unless the misdemeanour was committed repeatedly or a supplementary punishment was imposed in addition to the fine. If the database contains only archived data about you, the person making a standard request receives a notice that you have no punishment in effect.
Can I see who has checked my criminal records?
Yes. All requests are logged. In the e-File, you can make a free request and see who requested your data and when.
Is a criminal records request free of charge?
You can make requests about yourself in the e-File free of charge. A request about another person without their authorisation is subject to a fee of 4 euros.
Is a fine imposed in summary proceedings (mõjutustrahv) entered in the criminal records database?
No. A fine of this kind imposed in summary proceedings is not a punishment, is not entered in the criminal records database and is not taken into account for repeat offending.
Is a warning fine (hoiatustrahv) entered in the criminal records database?
No. A warning fine imposed in written warning proceedings, for example for an offence recorded by a speed camera, is not a punishment and is not entered in the criminal records database.
Is a suspended sentence deleted sooner than actual imprisonment?
Data on a suspended sentence is moved to the archive three years after the end of the probationary period. Data on imprisonment of less than five years that has been served is moved to the archive five years after the sentence was served.
How is the period calculated if I was released from prison early?
If a person is released from punishment early or the punishment is replaced with a different type of punishment, the deletion period is calculated on the basis of the punishment actually served. If a probationary period was set, the deletion period starts when the probationary period ends.
Can a punishment be deleted early?
No. Punishment data is moved to the archive when the period provided by law has expired, and it cannot be removed earlier on request, not even to get a job or a visa.
Can an employer see my deleted punishment?
As a rule, no. A standard request shows only punishments in effect. An employer may check archived data only in cases specifically provided by law, for example for work with children or certain positions.
Can a punishment prevent me from getting my first driving licence?
Yes. A first driving licence is not issued if the person has a punishment in effect, for example for drink-driving, serious speeding or a traffic offence, or has been punished repeatedly for other traffic misdemeanours. The punishment ceases to count once the data is moved to the archive.
Is a punishment received abroad deleted in the same way?
If an Estonian citizen or a foreign national with an Estonian residence permit or right of residence has been convicted by a foreign court, their punishment data is deleted from the Estonian criminal records database according to the same periods, unless an EU legal act or an international agreement provides otherwise.
Is my name removed from the court decision once the punishment is deleted?
As a rule, yes. Once the punishment data has been deleted, the name in published court decisions is replaced with initials or a symbol. The law does, however, list certain offences for which the name is not replaced.
On 29 September 2026, in cases no. 5-26-6 and 5-26-25, the Supreme Court decided that the name of a person punished for certain drug offences and for arson cannot be kept in a public court decision indefinitely solely because of the type of offence committed. Previously, for these offences, the person’s name remained visible in the court decision even after their punishment had been deleted from the criminal records database. The Supreme Court found such automatic publication to be unconstitutional.
For the five people who applied to the court and for similar court cases already pending, this position had to be applied immediately. For other people punished for the same offences, the Supreme Court gave the Riigikogu six months to decide under what conditions the name of a person whose punishment has been deleted may still remain in a public court decision. You can read more in the Supreme Court press release (in Estonian).
Replacing the name in the court decision does not affect articles and other web pages that have reported on the case.
Does a deleted punishment really disappear?
It disappears from the active part of the database, but the data is first moved to the archive. Misdemeanour data is kept there for ten years and data on criminal offences for 50 years, after which it is deleted. Publication of court decisions is a separate matter.
When should you contact an attorney?
It is worth seeking legal advice if you doubt the accuracy of the data in the database, for example if the data has not been archived after the period has expired, or if new proceedings have been brought against you and it is important to understand whether an earlier punishment is still in effect and how it may be taken into account. Law Firm NAMM’s attorneys advise and represent clients in criminal matters and misdemeanour proceedings. If you are summoned for questioning as a suspect, see also our article on the rights of a suspect.
This article reflects the law in force as of 29 September 2026.