Section 57 – Deletion of registrations

(1) Entries in the register shall be deleted on expiry of the period laid down in (2). They shall be removed from the register one year after the deletion date. During the period between the deletion date and the date of removal, information on entries may only be provided to the corporation concerned.

(2) The deletion period shall be

1. or entries of corporate sanctions:

(a) 15 years if the court has determined a particularly serious case in accordance with Section 3 (2),

(b) ten years in other cases,

2. five years in the case of registration of fines under Section 30 of the Act on Administrative Offences.

(3) The deletion period shall begin on the date of the first decision. This date shall also remain decisive if a decision in retrial is upheld or another conviction requiring registration is handed down. The deletion period shall not expire as long as it is clear from the register that the enforcement of a corporate sanction or fine, the public announcement or measure has not yet been completed.

(4) If the register contains several entries, the deletion of one entry shall only be permitted if the requirements for deletion are met for all entries.

(5) The register authority may order that entries be deleted notwithstanding the time limit laid down in (2) if enforcement has been completed and public interest does not prohibit the deletion. The register authority should first hear the court that has handed down the decision and the competent enforcement authority.

(6) If the entry in the register has been deleted or is to be deleted, the entry may no longer be used to the detriment of the corporation.

(7) The registration authority shall give the corporation concerned the opportunity to comment before deciding whether an entry which has been wrongly deleted is to be re-included in the register.