Title VIII: Criminal records

The bulletin n° 2 of the criminal record is issued:

1° To prefects and State public administrations dealing with applications for the duties of a commercial court judge, applications for public employment, proposals for honorary distinctions or bids for public works or public contracts or with a view to disciplinary proceedings or the opening of a public school, as well as applications for approval intended to enable the recording by official report of offences against criminal law ;

2° To the military authorities for those called up for classes and maritime registration and for young people applying for enlistment, as well as to the competent public authorities in the event of a dispute over the exercise of electoral rights or the existence of incapacity to hold an elective public office provided for by Article 194 of Law no. 85-98 of 25 January 1985 referred to above (1);

3° To administrations and legal entities, the list of which will be determined by the decree in the Council of State provided for in Article 779, as well as to administrations or bodies responsible by law or regulation for monitoring the exercise of a professional or social activity when this exercise is subject to restrictions expressly based on the existence of criminal convictions or disciplinary sanctions.

4° To the presidents of the commercial courts to be attached to bankruptcy and judicial settlement proceedings, as well as to judges appointed to supervise the commercial register on the occasion of applications for entry in the said register;

5° To the presidents of departmental councils to which an application for approval with a view to adoption provided for in Article L. 225-2 of the code de l'action sociale et des familles ;

6° To the competent authorities designated by order of the Minister of Justice, when they receive, pursuant to an international convention or an act adopted on the basis of the Treaty on the Functioning of the European Union, a request for communication of criminal or disciplinary penalties imposed on a professional, from a competent authority of another State party to the said Convention, of a Member State of the European Union or of a State party to the Agreement on the European Economic Area responsible for applying measures restricting the pursuit of an activity, based, in that State, on the existence of criminal or disciplinary sanctions imposed on that professional ;

7° To the authorities competent to receive declarations of candidacy for an election in order to verify whether the penalty provided for in 2° of Article 131-26 and Articles 131-26-1 and 131-26-2 of the Penal Code is mentioned.

Managers of public or private legal entities carrying out cultural, educational or social activities with minors within the meaning of article L. 312-1 of the Code of Social Action and Families may obtain the issue of bulletin no. 2 of the criminal record, for the sole purpose of recruiting a person, when this bulletin does not contain any mention of a conviction. The list of these legal entities is determined by decree of the Minister of Justice and the minister(s) concerned.

The bulletin no. 2 of the criminal record is transmitted, pursuant to an international agreement or an act adopted on the basis of the Treaty on the Functioning of the European Union, to the competent authorities of another State referred to in 6° of this article.