Resuming a trade after prison: Exclusion and waiver in Austria

Section 13(1) GewO applies to natural persons. The exclusion requires an unspent court conviction for the offence groups specified by law or for another criminal offence carrying more than three months' imprisonment or a fine of more than 180 day-fines. A conviction does not always meet these conditions.

For fines not expressed in day-fines, section 13(1) treats the substitute term of imprisonment as relevant. Where imprisonment and a fine are imposed, the law requires imprisonment and substitute imprisonment to be added in the specified way. Borderline cases should be checked against the operative judgment and the full sentence calculation.

Start with the full final judgment, the precise sentence and a reliable check of whether the conviction is spent. Release from prison does not answer the spent-status question. No individual expiry date can be given without the relevant sentencing and record details.

Also check whether another exclusion ground under section 13 GewO may apply. Section 26(4) prevents a waiver if a different exclusion ground remains. A decision concerning one conviction therefore does not automatically resolve every trade-law issue.

Under section 26(1) GewO, the authority considers the nature of the criminal act and the personality of the convicted person. It must assess whether pursuing the trade creates a risk of the same or a similar offence. The forecast concerns the statutory test and the specific economic restart.

The statute does not prescribe a closed list of documents. Depending on the case, useful material may address the offence and judgment, conduct since the offence, personal development and the intended duties. For work involving a relevant risk, a credible system of controls and responsibilities may also help. Explain how each item relates to the offence, your personality or the risk of repetition.

A waiver under section 26(1) GewO is granted only on application. Address the district administrative authority identified under section 333 GewO and name the trade you plan to pursue. For the trade registration itself, section 339(1) GewO identifies the authority at the intended business location.

Provide the judgment and organise the circumstances that matter to the forecast. Explain how the nature of the offence and your personality relate to the proposed work. Simply stating that the sentence has been served or that income is urgently needed does not answer that statutory test.

A criminal court's waiver of the trade exclusion under section 44(2) StGB does not bind the trade authority. The VwGH confirmed this distinction in its order of 17 June 2026, Ra 2026/04/0064. Do not treat that decision as a waiver under section 26 GewO.

Using a company does not automatically remove a personal exclusion. Under section 13(7) GewO, a legal entity can also be excluded when a natural person with material influence over its business is personally excluded under the specified provisions.

The actual influence matters. Review the person's duties and decision-making authority rather than relying on a job title alone. Questions about keeping an existing business operating during custody are separate. This guide covers business continuity during detention.

The waiver request and trade registration are separate steps. Section 340(1) GewO requires the authority to take account of a required waiver that becomes final within the statutory three-month period if waiver proceedings are pending when the trade is registered.

The same provision defines the date of trade registration by the receipt of all required evidence and the effective grant of any required waiver. The three-month rule does not promise that the waiver procedure itself will be completed within that time. Do not begin the trade until the waiver is effective and all other requirements are satisfied.