Key legal question
Whether the two criminal record entries should be deleted early under Art. 80 No. 2 StGB.
Extracted holding
Yes. The relevant assessment period is the two-year period before the deletion request is decided; the applicant behaved well during that period and the other statutory conditions were met.
Extracted reasoning
For deletion, what matters is whether the applicant has not reoffended during the required period before the request is assessed and whether future conduct appears unproblematic. The later offense was committed more than two years before the decision but still within the relevant period? Actually the court clarified that the decisive point is the behavior during the two years before the decision; here the applicant had been law-abiding since the last offense in 1998 and thus satisfied the requirement.