Quick Access to Content – Summary
The TAJ file (Processing of Judicial Antecedents) is a tool which is similar to a database and which brings together all the information collected about you in the context of police and gendarmerie investigation and intervention reports. However, the registrations appearing in the TAJ can prove to be compromising for you in certain situations. To do this, you have the possibility of requesting the deletion of the TAJ file or the affixing of a mention on this document. How to proceed to implement these two options?
The essentials to know about the TAJ file
The Processing of Judicial History is a file common to the police and the gendarmerie and which can also be accessed by judicial customs officers, but also the CNAPS. As the name suggests, the file collects certain information relating to a person’s criminal record. Likewise, it should be noted that you can be registered TAJ even in the absence of a criminal conviction, so that the file will highlight your interactions with the justice system, regardless of their scope.
The main purpose of the TAJ file is to facilitate judicial inquiries. It is under the responsibility of the Ministry of the Interior and its consultation is conditional. However, the TAJ is also regularly consulted within the framework of administrative inquiries. Thus, in the perspective of obtaining a public job or a sensitive position, and a fortiori as a business manager, the information contained in the TAJ file may compromise you: for more information on the ‘deletion of the TAJ file, you can contact expert lawyers specializing in this field who can initiate deletion procedures for you.
The same applies to foreigners who initiate an application for naturalization, which may be postponed. However, you have the possibility to request the deletion of the TAJ file to benefit from naturalization if you are a foreigner, or to be hired. Note that this possibility of erasure was not possible a few years ago. Given the risk that TAJ information sometimes represents for citizens, the Constitutional Council has partially censored article 230-8 of the Code of Criminal Procedure, thus allowing the request to erase the data of the file.
Cases where deletion of the TAJ file is possible
If the deletion of the TAJ file is possible, it is not possible in all cases. In the event of a final release or acknowledgment, for example, there is no protocol for deleting the file. The fact remains that the prosecutor retains the right to maintain registrations with the TAJ if he considers it necessary.
In this particular case, the entries in the file will not be accessible, in theory, within the framework of administrative inquiries. If they are, it will be necessary to delete the file. Moreover, in the case of a classification without follow-up, the request for deletion of the TAJ file has more chances of succeeding, insofar as, in practice, the classification without follow-up does not systematically lead to the deletion of the file. file.
The request to delete the TAJ file is still possible. However, you must ensure before making this request that the bulletin n ° 2 of your criminal record is blank. Otherwise, first request the deletion of this bulletin before initiating a TAJ file deletion procedure.
The request to delete the TAJ file in practice
Article 230-8 of the Code of Criminal Procedure establishes the territorially competent public prosecutor as the authority in charge of controlling the processing of personal data contained in the TAJ file. Thus, the public prosecutor can order ex officio, or following the request of the person concerned, that this information be erased, completed or modified, in particular in the event of judicial reclassification, or that it be mentioned. However, the “TAJ referent magistrate” can also receive a request for erasure, in particular in the case of multiple registrations requiring the competence of different public prosecutors.
Anyway, magistrates have 2 months to respond to the request. To render its decision, the authority seized will have to consider the relevance and the advisability of keeping the data in the TAJ file or not. As for the person concerned, he can initiate an erasure request without delay following a decision that has become final, in particular in the case of:
- to relax
- of acquittal
- of sentence with exemption from sentence
- exemption from registration in the criminal record
- of classification without continuation
- of non-place
Once the magistrate has studied the relevance or not of keeping the personal data, he can request its erasure or maintenance. Also he has the possibility of requesting the affixing of a mention prohibiting consultation of the information contained in the TAJ file, this in the context of certain administrative inquiries.
In the event of a refusal, you have the possibility to refer the matter to the President of the Investigation Chamber of the competent Court of Appeal to challenge the decision.
The request for endorsement
The law authorizes you to request the affixing of a reference to your TAJ file so that it cannot be consulted in the context of administrative inquiries, as we have specified upstream. The affixing of a mention is possible when the competent authority does not give a favorable response to the request for deletion of the TAJ file:
- either because he considers the conviction too recent
- either because the nature of the facts and the sentence required would be incompatible with the exercise of certain professions
The affixing of the mention prevents consultation of the TAJ file by the persons usually authorized within the framework of administrative inquiries. These include, among others, police and gendarmerie personnel, agents of the intelligence services, personnel entrusted with administrative police missions and authorized by the representative of the State. As a result, these people will no longer be able to rely on TAJ data to justify a refusal of employment or naturalization linked to their administrative inquiries.
However, it is advisable to qualify. De facto, despite the affixing of mention, the data contained in the TAJ file remain accessible to the police and gendarmerie services, if they intervene in the context of judicial inquiries.
As you will have understood, the associated subtleties linked to the deletion or affixing of a reference to the TAJ file are numerous. This is why we advise you to use the services of a lawyer specializing in the matter to accompany you serenely in this process.