3 Criminal Law - Criminal Procedure - Enforcement - 34 Criminal Record

[2] The maintenance of the criminal record as provided by Article 1 of the Federal Ordinance of December 21, 1973, and the maintenance of the cantonal control of convictions established in application of Article 22 of the same ordinance, are placed under the direction and supervision of the Department of Security, Digitalization, and Culture (hereinafter: the department).

[3] In addition to the penalties, measures, and facts listed in Articles 9 to 11 of the federal ordinance, the following are recorded in the cantonal register

a) custodial sentences and fines exceeding 500 francs imposed on adults for violations of cantonal law;

b) penalties accompanied by a ban from public houses;

c) facts resulting in a modification of the entries.

[4] 1 The courts and administrative authorities shall communicate to the department the judgments or decisions that are to be recorded in the criminal record or in the cantonal registry.

2 The communication shall take place in the form prescribed by the provisions of the Neuchâtel Code of Criminal Procedure and the department's instructions.

1. The rules established by federal legislation for maintaining the criminal record, the procedure, communications, deletions, and removals shall apply by analogy to the cantonal control of convictions.

2. The deletion of suspended sentences pronounced under cantonal law and fines when the judge has ordered the deletion shall occur automatically at the expiration of the probation period.

3. The criminal record officer also proceeds with the deletion of convictions pronounced under federal law if the convicted person has passed the probation period and if the fines and accessory penalties pronounced without suspension are executed.

4. The deleted entries may only appear, with mention of the deletion, in the extracts prepared for the penal and administrative authorities referred to in Article 363, paragraph 4, of the Swiss Penal Code, and according to the terms determined by this legal provision.

1. Extracts from the Neuchâtel judicial record and cantonal control are issued free of charge for official purposes and upon a substantiated request

a) to investigative authorities and criminal courts;

b) to departments of the cantonal administration;

c) to civil courts, when the extract is required in an investigative procedure;

d) to municipal councils.

2. Only the extracts issued under letter a contain entries considered as expunged. The department automatically rejects inadequately substantiated requests.

[5] An individual may only request the extract of their personal criminal record by providing proof of identity, and for a fee of 15 francs.

Any request for an extract from the criminal record or cantonal control must be made on an official form provided by the department. This form can be obtained from the municipal officials in charge of resident police services.

This order shall enter into force retroactively as of January 1, 1974. It repeals and replaces the order concerning the criminal record and the cantonal control of convictions, dated November 30, 1954 [6]. It shall be published in the Official Gazette and inserted into the Collection of Neuchâtel Legislation.