French Code of Criminal Procedure
In forceAny person whose identity is entered in the file may ask the public prosecutor to rectify or order the deletion of information concerning him or her if the information is not accurate or if its retention no longer appears necessary in view of the purpose of the file, having regard to the nature of the offence, the age of the person when it was committed, the time that has elapsed since then and the current personality of the person concerned.
The same request may be made to the investigating judge when registration has been made on the basis of 5° of Article 706-53-2.
The request for deletion is inadmissible as long as the entries concerned relate to legal proceedings that are still in progress, except in the case of an entry based on the same 5°, as long as the person has not been rehabilitated or the measure at the origin of the entry has not been deleted from bulletin no. 1.
If the public prosecutor or investigating judge does not order the rectification or deletion, the person may appeal to the president of the investigating chamber.
Before ruling on the request for rectification or deletion, the public prosecutor and the president of the investigating chamber may carry out any checks they deem necessary and in particular order a medical examination of the person. In the case of an entry concerning either a crime or an offence punishable by ten years' imprisonment and committed against a minor, the decision to erase the file may not be made in the absence of such an expert opinion.
In the case provided for in the fifth paragraph of Article 706-53-5, the public prosecutor and the president of the investigating chamber, seized pursuant to the provisions of this article, may also order, at the request of the person, that he or she will only be required to report to the police or gendarmerie services to prove his or her address once a year or, where he or she was required to report once a month, once every six months.
