Carichi Pendenti vs Casellario Giudiziale: Which Certificate You Need

Italy issues two different criminal record certificates, and they are not interchangeable. The certificato del casellario giudiziale records final convictions and certain other definitive measures. The certificato dei carichi pendenti records criminal proceedings that are still open against the person. Both are issued by the Procura della Repubblica, both cost about 20 euro in stamp duty and fees, and both can be requested by a proxy if you live abroad. Which one you need depends on who is asking: immigration authorities in the United States and Canada usually want both, most European employers and the Spanish regularisation want the casellario only.

Alfredo Esposito International Law Firm obtains both certificates, apostilled and translated, for clients abroad, as described on our police clearance certificate page. This guide explains the difference, so that you request the right document the first time.

The certificato del casellario giudiziale

The casellario is the national criminal records database kept by the Ministry of Justice under Presidential Decree 313/2002. The certificate issued to a private person lists the convictions that have become final, including those following a plea agreement (patteggiamento), together with certain other definitive measures. Some entries are omitted by law from the certificate issued to the individual, for example convictions for which the judge granted the benefit of non-mention, so the certificate a person obtains for an employer is not identical to the one a court can see. Because the database is national, the certificate can be requested at the casellario office of any Procura in Italy, regardless of where you were born or lived.

A separate version exists for work involving regular contact with minors (the so-called certificato selettivo under article 25-bis), which employers in that sector must request themselves.

The certificato dei carichi pendenti

The carichi pendenti certificate lists the criminal proceedings pending against the person, from the moment the prosecutor has exercised the criminal action, until they are closed by a final decision. It is also issued by the Procura della Repubblica, but it has historically reflected the proceedings known to the Procura of that judicial district, which is why foreign authorities often ask for it from the district where you lived or were born in Italy, and why a person who lived in several Italian cities may be asked for more than one. A clean certificate reads that no proceedings are pending.

Who asks for which

• United States immigration (USCIS and consulates): both certificates, each with an apostille and a certified translation; see our guide to Italian police clearance for U.S. immigration
• Canada (IRCC): generally both, apostilled and translated
• United Kingdom visas and employers: the casellario; some employers accept it alone, others ask for the carichi pendenti as well
• Spain, including the regularisation procedure, and most other EU countries: the casellario, apostilled, often with the EU multilingual standard form that removes the need for a translation
• Australia and New Zealand: the casellario
• Italian public tenders, licences and certain professions: both
• Citizenship applications in a third country: the casellario from each country of residence, usually with the carichi pendenti where available

When the request simply says police clearance or criminal record certificate, the safe reading is the casellario; when it says certificate of pending charges, pending proceedings or no pending criminal cases, it means the carichi pendenti. Our general guide to the judicial record certificate in Italy covers the background.

How to request them

In person, at the Procura, with an identity document, usually issued the same day or within a few days. From abroad, through the Italian consulate, which forwards the request and can take weeks or months, or through a proxy in Italy: the request can be made by a person you authorise with a simple written delegation and a copy of your identity document, which is how our office obtains certificates for clients within days. Each certificate costs a 16 euro revenue stamp plus 3.92 euro in fees; an urgent same-day issue costs a further 3.92 euro. Certain uses, such as adoption or some social security purposes, are exempt from stamp duty. Both certificates are valid for six months from the date of issue.

Apostille and translation

For use in a country party to the Hague Convention of 1961, each certificate needs an apostille, which for these judicial documents is issued by the Procura della Repubblica, not by the Prefettura. For countries outside the Convention, consular legalisation applies instead. A translation is then needed in the language of the receiving country: a sworn translation made in Italy, itself apostilled, is accepted almost everywhere, while some authorities, including USCIS, also accept a certified translation. For EU countries, the certificate can be issued with a multilingual standard form under Regulation 2016/1191 that avoids translation altogether. Our guides on the apostille in Italy and on sworn translations explain the two steps.

Problems we see regularly

• Requesting the casellario when both are required, and discovering it at the interview
• Name or birthplace recorded differently in Italian registers (a middle name omitted, a foreign birthplace transcribed differently), which must match the passport
• Certificates issued more than six months before the appointment
• Apostille requested at the wrong office, or placed on the translation only and not on the certificate
• Underestimating the time: certificate, apostille, translation and courier together usually take two to three weeks

Tell us where the certificate will be used, by when, and whether you were born or lived in Italy, and we will confirm which documents you need and send you a fixed quote. Contact us, book a 15-minute call or write on WhatsApp.