New Social Welfare Supervision Act: extracts from the criminal records required for working with elderly will be ordered from the Legal Register Centre

The Act on the Supervision of Social Welfare and Health Care Services will enter into force on 1 January 2024. After that, social welfare and health care service providers have the right, and for employment or service relationships lasting at least 3 months also the duty, to request that an employee present an extract from their criminal record if their work permanently and essentially involves working with the elderly. Similar provisions apply to checking the criminal backgrounds of people working with children.

The most convenient and affordable (6 euros) option for employees is to order the extract from the Legal Register Centre's (LRC) electronic service .

The employee's criminal record extract can only be issued to the employee themselves, and employees cannot authorise their employers to order the extract. An extract is not required from volunteers or, for example, students doing an internship.

Ordering an extract from the criminal records for working with elderly from 1 January 2024

An employer may only require an extract from the criminal records if the new duties will begin after 1 January 2024 and if the work will last at least 3 months in a 12-month period. Service providers are not required to check the criminal records for shorter employment relationships than that. An extract from the criminal records is not required from those who started work before 1 January 2024.

The extract from the criminal records can only be ordered once the applicant has been definitively chosen for the position. The employee orders the extract from their criminal record themselves if an extract is required by the employer. When ordering the extract, the employee indicates the employer and work for which the extract is needed.

An employee can be issued an extract from their criminal record on the following conditions:

1 They are starting work with elderly.
2 Their duties permanently and essentially include providing assistance, support, treatment or care to older persons or other personal interaction with elderly.
3 Their employer is a is a social and healthcare service provider.
4 Their work will be done in Finland.

If one or more of these conditions are not met, the employee must contact their employer. An extract will not be issued to volunteers or students (SORA legislation).

The easiest and cheapest way to order an extract is to file an electronic application through LRC's electronic service from 1 January 2024. Using the electronic service requires strong authentication with online bank codes or a mobile app.

An extract ordered from the electronic service costs 6 euros and is paid upon retrieval. The extract from the criminal records can be printed from the electronic service immediately when it is ready.
Applications sent by mail or email cost 12 euros and will be invoiced separately.

Watch a video tutorial of ordering an extract on LRC's YouTube channel from this link.

Crimes such as narcotics offences are listed on the extract

Only information deemed especially significant for working with elderly is entered on the extract from the criminal records. See the list of offences included on the extract.

If the person has not been found guilty of the specified offences, this will be certified on the extract from the criminal records. In other words, the extract from the criminal records will not show convictions for offences not included on the list.

Disability Services Act to enter into force later: 1 January 2025

The Act on the Supervision of Social Welfare and Health Care Services also provides for the right and duty to check the criminal record extract of those working with people with disabilities. This right and duty will enter into force on 1 January 2025.

Further information:

Order an extract from the criminal records for working with older people from LRC's electronic service from 1 January 2024

FAQ: an extract from the criminal records for working with older people

The FAQ about extracts from the criminal records required for working with elderly has been compiled by the Legal Register Centre's Registry Services unit.

Why will employers have the right to check the criminal records of those working with older people going forward?

The new Act on the Supervision of Social Welfare and Health Care Services (741/2023), or Social Welfare and Health Care Supervision Act, entering into force on 1 January 2024 provides for checking the criminal records.

Who can request an extract from the criminal records by virtue of this Act?

A social and healthcare service provider, that is, an employer can request an extract from the criminal record of a person first recruited or appointed to a position that permanently and essentially includes providing assistance, support, treatment or care to older people or other personal interaction with an older person.

Only an employer providing social welfare and health care services may demand an extract from the criminal records.

What does "service provider" mean?

A social and healthcare service provider is an entity that providers social welfare services or health care services as referred to in the Social Welfare and Health Care Supervision Act.

If there is any uncertainty, the employee should ask their employer whether they are a social welfare and health care service provider.

Whose criminal records can be checked?

A service provider can only require an extract from the criminal records if the new duties begin after 1 January 2024 and the employment lasts at least 3 months in a 12-month period. It is not mandatory to require an extract from the criminal records for shorter employment relationships than that.

If a service provider also requests an extract for employment relationships lasting less than 3 months, the employee must apply for the extract and LRC will assess the grounds for issuing it.

LRC will issue the extract if there is a legal basis for doing so. LRC can issue an extract from the criminal records to individuals whose duties permanently and essentially include providing assistance, support, treatment or care to older persons or other personal interaction with older people.

What does "new duties" mean?

"New duties" mean the recruitment of a new employee or changes to an existing employee's job description, that is, new duties which permanently and essentially include working with elderly, i.e. for which an extract from the criminal records is required.

What does "other personal interaction with elderly" mean?

An extract from the criminal records can be issued to individuals whose duties permanently and essentially include providing assistance, support, treatment or care to older persons or other personal interaction with elderly.

"Other personal interaction" has to be interpreted on a case-by-case basis. The corresponding regulations on working with children provide support for the detailed application of the procedural provisions. The work must permit the establishment of a relationship based on trust. The purpose of the Act is to ensure the patient's safety, among other things.

What does "older person or elderly" mean?

Instead of a specific age bracket, "older person" means a person whose physical, cognitive, mental or social functional capacity is impaired due to illnesses or injuries that have begun, increased or worsened with high age or due to degeneration related to high age (Act on Supporting the Functional Capacity of the Older Population and on Social and Health Cre Services for Older Persons (980/2012), section 3, paragraph 2).

Whose criminal records will not be checked?

The criminal records of those who have started working with elderly before 1 January 2024 cannot be checked.

The Act does not apply to services that are free of charge to the client. The criminal records of students or volunteers are not checked.

For how long is the extract from the criminal records valid?

A service provider is only allowed to request an extract from the criminal records once for a specific employment or service relationship. A new extract can be requested if the employee changes employers or duties, that is, when an individual is first recruited or appointed to a position that permanently and essentially includes working with older people.

The extract issued to the employee is valid for 6 months, during which it can also be presented to other employers than the one for which it was originally ordered. For example, if an employee has been chosen for two different jobs in the social welfare and health care sector, they can present their extract to the employer whose service they decide to enter.

What information is shown on the extract from the criminal records of someone working with elderly?

The extract shows information on, for example, narcotics offences and violent offences from the criminal records and register of fines. See the list of information shown on the extract from the criminal records .

The extract shows information on judgments issued in Finland, but in future (in 2025 according to the current schedule), information of crimes committed in other EU Member States will also be requested through the European Criminal Records Information System (ECRIS).

Are the criminal records of people from outside the EU checked?

According to the Social Welfare and Health Care Supervision Act, an extract from an employee's criminal records must be requested regardless of their nationality. The extract from the criminal records is always requested from the Legal Register Centre, that is, the employee cannot request the extract from other authorities.

Does the Social Welfare and Health Care Supervision Act apply to recruiting agencies?

The Social Welfare and Health Care Supervision Act does not apply to recruiting agencies hiring out social welfare and health care personnel. LRC may only issue the extract for presentation to a service provider as referred to in the Social Welfare and Health Care Supervision Act.

How do I order the extract from the criminal records for working with elderly?

An employee can only order the extract from the criminal records once they have been definitively chosen for the position. The employee orders their extract from the criminal records themselves. When ordering the extract, the employee indicates the employer and work for which it is needed.

The easiest and cheapest way to order an extract is to file an electronic application through LRC's electronic service from 1 January 2024. Using the electronic service requires strong authentication with online bank codes or a mobile app.

An extract ordered from the electronic service costs 6 euros and is paid upon pick-up. The extract from the criminal records can be viewed and printed in the electronic service immediately when it is ready.

A printable application form for those not using the electronic service is available from here. Applications sent by mail or email cost 12 euros and will be invoiced separately.

How quickly can the extract be obtained?

The extract from the criminal records can only be ordered from 1 January 2024. The initial order volume is difficult to predict, but the normal time for issuing an extract is 7 business days. LRC's electronic service is the fastest and most convenient channel. The Legal Register Centre processes applications in order of arrival.

How has LRC prepared for the introduction of this new extract type?

LRC has implemented the changes to its systems required for issuing extracts from the criminal records of those working with elderly. A form with instructions for applying for the extract has been created in the electronic service. LRC is also rearranging personnel in its register services and providing them with additional resources for dealing with the expected spike in extract orders.

Further information:

The Social Welfare and Health Care Supervision Act provides for the supervision of social welfare and health care service organisers as well as for the operating conditions, registration, self-supervision and official supervision of private and public service providers. The general guidance of social welfare and health care supervision is the duty of the Ministry of Social Affairs and Health.

The overseers of legality are the National Supervisory Authority for Welfare and Health (Valvira) and the Regional State Administrative Agencies.