Anyone who fails the state examination first asks how often it can be repeated. The answer has two levels. Federal law governs the repeat of the compulsory subject exam, while state law decides on improvement attempts and procedural details. This guide shows both levels and uses North Rhine-Westphalia to explain how an improvement attempt works in practice.
In short: Under section 5d subsection 5 of the German Judges Act (DRiG), the compulsory subject exam can be repeated once. Whether a further repeat to improve the grade is possible is decided by state law. In North Rhine-Westphalia, the improvement attempt for the second state examination is open only to candidates who passed on their first attempt. The application must be made within three months (as of November 2026).
The most important points
- Under federal law the compulsory subject exam can be repeated once.
- The federal text does not state a total number of attempts. It follows from the examination regulations of the state.
- State law may provide an improvement attempt, meaning a repeat to raise the grade.
- In North Rhine-Westphalia the improvement attempt for the second examination is open only to those who passed on the first attempt.
- The application must be made in writing, and the deadline is three months from notice of the examination decision.
- The fee in North Rhine-Westphalia is 975 euros and must be paid in full in advance.
How often may you repeat the compulsory subject exam?
The federal text is clear but limited. The compulsory subject exam can be repeated once. A failed examination also counts as not taken if you registered early and completed all examination components. Our guide on the free attempt in the state examination (in German) explains that rule.
The federal text does not state a total number of attempts. Anyone who wants to know how many attempts are possible overall must consult the examination regulations of their state, which also say whether and under which conditions an improvement attempt is allowed.
What is an improvement attempt?
An improvement attempt allows you to sit an examination you have already passed, in order to achieve a better grade. It is not compulsory but an option that state law may open. Whether the new grade replaces the old one is decided by state law. For that reason, you should know the rules exactly before you decide.
The improvement attempt in North Rhine-Westphalia
The state examination office of North Rhine-Westphalia describes the improvement attempt for the second state examination on its own page. The table summarises the rules that appear there and in the linked notice. According to its file name, the notice is dated 15 January 2026, while the page itself gives no date.
| Point | Rule in North Rhine-Westphalia |
|---|---|
| Requirement | Only candidates who passed the examination in North Rhine-Westphalia on the first attempt may apply |
| Repeat candidates | An improvement attempt is excluded for repeat candidates; the examination is repeated as a whole |
| Form of application | In writing to the president of the state examination office, stating the desired examination month; by e-mail only with a signature |
| Deadline | Three-month exclusion period from notice of the examination decision |
| Fee | 975 euros, paid in full in advance, instalments excluded |
| Venue | A wish for a venue can be made until the 10th calendar day of the previous month, but there is no entitlement |
| Waiver | Continuation can be waived by simple e-mail |
The rules are anchored in the state justice act. The page names the provisions for the application and the waiver and refers to state law. The fee is an important point, so plan for it before you apply.
Which costs should you plan for?
In North Rhine-Westphalia the improvement attempt costs 975 euros, payable in full in advance. Instalments are excluded. Fees in other states and for other examinations can differ. If you cannot pay the fee in full in advance, clarify this with the state examination office before you apply, because instalments are excluded. Our guide to examination fees (in German) gives an overview of the costs of the state examination.
Why the deadline matters
The deadline runs from notice of the examination decision, not from the examination day. If you receive the notice late, you have less time than you might expect, so note its date carefully. An exclusion period cannot simply be extended, so prepare the application early.
How do the free attempt and the improvement attempt relate?
The free attempt concerns a failed examination, while the improvement attempt concerns a passed examination. The two rules are different and do not replace each other. If you want to use both options, check the conditions for each examination separately and note the respective deadlines.
How do you plan a repeat?
A repeat needs lead time. The examination regulations set the framework, but the organisation depends on when you receive the result. Note the date, because it can determine when deadlines start.
- Check the number of attempts in the examination regulations of your state.
- Find out whether an improvement attempt is provided for your examination and which conditions apply.
- Note the deadline from notice of the examination decision and prepare the application in time.
- Clarify the costs and plan payment in advance if a fee is due.
Frequently asked questions
How often can I sit the state examination overall?
Federal law allows one repeat of the compulsory subject exam. It does not state a total number. That number is in the examination regulations of your state, so check them before you register.
Can I still improve my grade after a repeat?
That depends on the state. In North Rhine-Westphalia an improvement attempt is excluded for repeat candidates, and the examination is repeated as a whole. Other states may regulate this differently, which this guide does not cover in detail.
Do I have to apply for the improvement attempt?
In North Rhine-Westphalia yes. The application must be in writing and state the desired examination month. The three-month period from notice of the examination decision is an exclusion period, so do not let it lapse.
Can I waive the improvement attempt?
Yes, in North Rhine-Westphalia you can waive continuation by simple e-mail. The page refers to the provision of the state justice act. Keep the confirmation if you waive it.
What happens if I miss the deadline?
Then the application is no longer in time once the exclusion period has passed. Whether reinstatement (Wiedereinsetzung) is possible depends on the circumstances and must be clarified case by case with the state examination office.
What you can do now
- Read the examination regulations of your state and clarify the number of attempts.
- Check whether an improvement attempt is provided and whether you meet the requirements.
- Submit the application on time, in writing, with the desired examination month.
- Pay the fee in time if one is due and keep the proof.
Related articles
- Staatsexamen and Referendariat: Reforms, Deadlines and Rules at a Glance, the hub for this topic group.
- Free Attempt in State Exams: What Counts and Where Deadlines Are.
- First State Examination Failed: The Next Steps.
- Examination Fees in the State Examination: Costs of Exam and Repeat (in German).
- Withdrawal from the State Examination: Certificate, Form and Consequences.
Sources: State examination office of North Rhine-Westphalia, improvement attempt, notice dated 15 January 2026 according to its file name, page undated (in German); German Judges Act, section 5d, reproduction of the text with version from 1 January 2023 (in German).
Last updated: November 2026. This guide is general information, not individual advice.
