I`m in a bit of confusion in my situation below and hopefully somebody knowledgeable will be able to help.
I was convicted in 2016 for insulting someone (Beleidigung, details of which I`d spare as I still have trauma and ashamed of it) according to StGB 185, 194 which resulted in a penalty/fine of 210 daily rates (tagessätze). I was informed by my lawyer informally after the hearing that I would be eligible to apply for German citizenship after 5 years, hence i didnt oppose (einspruch).
Looking into the requirements of citizenship law section 8 (Discretionary Naturalisation), paragraph 1 point 2 states “2. have not been sentenced for an unlawful act and are not subject to any court order imposing a measure of reform and prevention due to a lack of criminal capacity”. In the same section 8 paragraph 2 statues “The requirements of subsection (1) nos. 2 and 4 may be waived on grounds of public interest or in order to avoid special hardship.”
Does this mean that I would never be able to apply for German citizenship? Or I am solely at the discretion of case worker to decide waiver on grounds of public interest or special hardship?
I`m married to a German citizen since 2012 and have 2 kids with German nationality. My wife is working part time and I`m employed full-time in a GmbH since 2010 after graduating from a German Uni. I was never on the wrong side of the law before this either here or anywhere neither after 2016 till date. I currently hold a permanent residence permit Aufenthaltserlaubnis received since 2013.
Another question I have is with respect to Bundeszentralregister (BZR). The conviction is entered in BZR but I could not figure out when it will be deleted as it`s also another factor in citizenship law. According to section 46 in BZRG, is it 5, 10 or 15 years?
Also does anybody know how do I apply for “unbeschränke auskunft in BZR”`? What kind of application form is required? I did send a letter to Bundesministerium für Justiz last year but did not get any respose. The letter was based on the information given on this page https://www.fachanwalt.de/ratgeber/bundeszentralregister-wie-beantragt-man-eine-loeschung-oder-auskunft
I know I would need to lawyer up and any suggestions and the possible costs involved for English speaking lawyer is appreciated. Thanks for reading and your inputs.