Many guys are interested in whether citizens with criminal records are accepted into the army. It’s worth saying right away that there are many legal nuances in the answer to this question. Without understanding them, you cannot understand what kind of relationship people who have a criminal record have with the military registration and enlistment office.
Some guys think that they can even get a suspended sentence so as not to go into the army. We warn you that information about a criminal record is recorded in state databases for the entire life of the citizen, and it is impossible to erase this data; this will put an end to work in many organizations, as well as in responsible positions. And you will still have to join the army, more on that below.
Other people are interested in contract service, but have a criminal record in their biography. Do they hire citizens with a criminal record for contract service? It’s also worth saying a few words about this. Let's take a closer look, starting with the definition.
What does "conviction" mean?
Let's first understand what it means to “have a criminal record.” From the word itself it is clear that first there will be a trial. And a person goes to trial after law enforcement agencies have sufficient materials and evidence that the citizen has violated the law. In turn, the citizen can provide the judge with evidence of his innocence.
Having objectively assessed the arguments of each side, the court must make a decision (one of two things): whether the citizen is guilty or innocent. A criminal record is the status of a citizen if the court decided that a person is guilty (committed a criminal offense) and he was sentenced. The punishment can be anything from probation to imprisonment (for example, for those who decide how to avoid the army).
Features of legislation
If citizens of military age are under investigation, or their cases are referred to court, conscription is impossible - all the efforts of the military registration and enlistment office will be in vain and will be contrary to the law. A criminal record and being under arrest are incompatible concepts. Persons under arrest will not be able to be called up for service until a procedural decision is made in relation to them.
Conditional conviction
With a suspended conviction, the road to the army is closed, because such young men do not have the opportunity to perform real service. This is due to their performance of compulsory public works, which are incompatible with the duties of a warrior.
But this does not mean that persons who do not want to serve can “opt out from the army” by receiving a suspended sentence. Attempts to evade service are suppressed by law. In addition, this status deprives a person of the opportunity to:
- work in a decent job;
- occupy leadership positions;
- find a job in banks or kindergartens, schools;
- hold public office.
After the end of the conditional (probationary) period, the criminal record is removed (cancelled). There is no guarantee that after its repayment the guy will not be drafted into the army.
Conscripts with a criminal record
It is sad, but today it is not uncommon for young people under 27 to have a criminal record. Since the age from 18 to 26 years inclusive is “conscription,” the legislation specifies the specifics of conscription of convicted youths. Let's study the Federal Law "On Military Duty and Military Service." Thus, Article 23 of the law clearly states that young men are not subject to conscription into the army:
- Those serving sentences in the form of compulsory labor, correctional labor, restriction of freedom, arrest or imprisonment.
- Those who have a criminal record that has not been expunged or expunged for committing a crime.
- In respect of which an inquiry or preliminary investigation is underway or a criminal case in respect of which has been transferred to court.
Labor activity
As mentioned earlier, work is a mandatory measure for people serving a probationary period if the judicial authorities have ordered this action to be carried out.
The issue of assigning correctional labor is regulated by Article 50 of the Criminal Code of the Russian Federation.
If at the time of receiving a suspended sentence a person has a permanent place of work, then correctional labor is carried out at this place of work.
For people who are not working at the time of their conviction, the place of work is determined by the relevant authorities.
A workplace is provided in the same area where the person receiving a suspended sentence lives. From the salary received for correctional work, deductions are made to the state. The percentage of deductions is set directly by the court.
There are restrictions according to which correctional labor cannot be assigned to the following persons:
- having a group I disability;
- pregnant women;
- mothers of young children (up to three years old);
- military personnel;
- privates and sergeants who are serving in the army under contract at the time of sentencing.
In the case of an expunged or expunged criminal record, a person has every right to get a job if there are no other restrictions.
An employer has the right to require a police clearance certificate only if this is required by law.
In other cases, the employer cannot legally find out about an applicant's criminal record.
Even if such information reaches the employer, then by law he does not have the right to fire the person. Otherwise, the issue can be resolved through the court in favor of the applicant.
When applying for a job if your criminal record has been expunged or expunged, you will need to fill out a form. When asked about a criminal record, you can give a negative answer, this will be true.
When answering the question about prosecution, it is better to answer as is, indicate the article and the year of the verdict.
In some cases, concealing a fact may become a legal reason for dismissing an employee from his position.
When is a criminal record considered expunged?
A citizen must serve his sentence to the end and not break the law for a certain time after it - these are the conditions for expunging a criminal record. The length of the so-called probation period depends on how serious the crime the person committed.
Thus, a criminal record is considered expunged after the following time:
- for people with a suspended sentence at the end of this term;
- if the punishment is not imprisonment, then a probationary period of 1 year is established;
- after a prison term for minor and moderately serious crimes - 3 years;
- serious – 6 years;
- citizens imprisoned as a result of committing a particularly serious crime must wait 8 years until such a conviction is expunged.
Let's give an example. An 18-year-old young man was convicted and sent to prison for 3 years for a crime of moderate severity. After his release, the young man was 21 years old. From this moment on, a probationary period of 3 years begins for him (determined by the severity of the crime). This means that if the young man is not involved in criminal offenses during these 3 years, then after this time the criminal record will be considered expunged. At this moment, the young man will be 24 years old - this is conscription age; accordingly, at the next draft he is obliged to appear at the military registration and enlistment office to undergo a medical examination and make a decision on conscription into the army, release from service or deferment.
Another example. If, after expiration of the probationary period after imprisonment, the citizen, for example, is 27 years old or older. This age is considered non-conscription age by law. In this case, the citizen comes to the military registration and enlistment office, undergoes a medical examination and receives a military ID, regardless of the doctors’ decision (and the category of fitness for military service).
How a criminal record is removed or expunged
Removal and expungement of a criminal record are two different things. A criminal record is automatically expunged after a certain period of time. The expungement of a criminal record occurs before the expiration of its term.
In the case of a catch punishment, everything is extremely simple - the probationary period has expired, the criminal record is automatically expunged.
Also, criminal records are automatically removed for criminals who are eligible for amnesty.
The Criminal Code has established the following terms for expunging a criminal record:
- 1 year – for those who were sentenced to a lesser punishment than prison;
- 3 years – for those who were in prison for a minor or moderate crime;
- 8 years – for those who served time for serious crimes;
- 10 years - for those who were punished for a crime of particular gravity.
At the end of the punishment period, a citizen has the right to apply to the court with a request to expunge his criminal record early. And in some cases (with good behavior, socially useful activities of the convicted person, etc.) the court grants the request.
Regardless of whether the criminal record was expunged or removed, as soon as it ceases to “hang” on the young man, he can receive a summons to the army.
In what cases is a criminal record expunged?
You can have your criminal record expunged before it expires. This can happen after the convicted person makes a request to the court. If the citizen behaves well, the court may accept his request and issue a special court document. This phenomenon occurs extremely rarely.
Also, when an amnesty is announced, if a citizen falls under its scope, this will also be followed by the removal of a criminal record.
Another option described in the legislation is pardon, which is also an unlikely outcome for the convicted person. The power to pardon lies with the highest official of the state.
Criminal liability
Criminal liability means taking action against a person for illegal actions he has committed. In Russia, the main age of criminal responsibility is 16 years, the lower age is 14 years. Reduced is associated with crimes of varying severity.
Let's look at a few examples. Generally dangerous actions are understood as: murder, theft, physical violence, causing serious injury, kidnapping, extortion, manufacturing explosive substances or devices, falsely reporting the presence of a bomb somewhere, drug trafficking, vandalism, rape, theft of weapons, etc.
When committing such acts, the court holds a person over 14 years of age accountable.
Contract service with a criminal record
Nowadays, Russian citizens increasingly, at different ages, decide to connect their lives with military service and go to serve under a contract. Federal legislation imposes special requirements on candidates with a criminal record. Part 5 of Article 34 of the federal law says: a contract for military service cannot be concluded with citizens who have served a sentence of imprisonment. Also, the contract is not concluded for all the reasons stated above for conscripts (unexpunged criminal record and others).
Where are former criminals called up?
The military registration and enlistment office has the right not to conscript persons who have committed serious and grave crimes. This is done in order to protect young men from the harmful influence of such people and to ensure discipline in the army. Those who have committed petty crimes are called upon equally with respectable young men.
Distribution among troops depends on the conscript’s education and medical conditions. The expiration date does not in any way affect the choice of place of service, as many believe. The restriction is only on elite units, but it is not at all easy for an ordinary citizen with an excellent biography to get there.
Despite the fact that even persons with a criminal past can be drafted into the ranks of government employees, it is worth distinguishing:
- contract service, which has a number of nuances to get there if you have a criminal conviction in the past;
- passing through conscription on a general basis for distribution to different units of troops by the military registration and enlistment office, depending on what benefit you can bring to the country while undergoing military service.
Do they take you into the army with a suspended criminal record?
Evgeniy Aristov
Good afternoon First of all, it is necessary to understand that there is no such thing as a “conditional conviction”. Most likely you mean a suspended sentence. In this situation, as in others, the young man will be drafted into the army only after his criminal record has been expunged. If a young man is given a suspended sentence, then such a conviction is expunged at the end of the term. As soon as the period expires, if the young man is under 27 years old, he will be obliged to report to the military registration and enlistment office during the next conscription period. All stages of recruitment will be carried out there according to the regulations. If a citizen is fit for service, he will be drafted into the army along with other young men.
Igor, St. Petersburg
Consequences of probation
Having received a suspended sentence, a young man becomes limited in his rights.
- the obligation to report monthly to the regulatory authority;
- it must notify about a change of place of residence, work or study;
- must undergo treatment if necessary;
- must take part in community service;
- must find a job;
- will not be able to travel abroad; The only exception may be the presence of a seriously ill relative abroad.
There are also restrictions on the position: a citizen will not be able to become an employee of the police, FSB or prosecutor's office. He will most often be refused employment by other organizations.
Can they join the army with an expunged criminal record?
Evgeniy Aristov
Hello. If we are talking about military conscription service, then the answer is “yes, they do,” but subject to meeting all the requirements for conscripts: level of health, the presence of deferments or reasons for exemption from service, the age of the young man and other factors. Citizens with an outstanding criminal record are not hired until the criminal record is expunged. Let's give an example. The young man, at the age of 24, committed a crime after graduating from college and was sentenced to house arrest for a period of 1 year. Such a criminal record is considered expunged 1 year after the end of the sentence. Thus, this young man will be 26 years old at this moment. But if there is no conscription at this time (for example, the month of February), and in March the citizen turns 27 years old, then he will be issued a military ID due to reaching the non-conscription age.
Types of military branches
The variety of troops where you can go to serve is quite large, and before joining the army, every future conscript soldier must understand military trends. In addition, useful information will be knowledge of the characteristics that a conscript must have in order to go to the desired unit. In general, the available Russian troops are divided into three types: aviation, ground armed forces and navy.
Air direction
Airborne troops. It is considered one of the most prestigious branches of the Armed Forces. Military personnel belonging to this area are engaged in conducting special operations in enemy territory. They capture strategically important enemy targets and disable the enemy’s communications and controls.
Perform sabotage missions. To join the ranks of the Airborne Forces, a potential recruit must meet the highest requirements regarding physical endurance and health. Only if, after passing a military medical commission during conscription events, the candidate is assigned the category of fitness for service “A1”, he can apply to be sent to the airborne troops.
Aerospace units. This includes service in the ranks of the military space forces, air defense units, as well as strategic missile forces. These guys are engaged in the protection and control of the aerospace space of the Russian state. If necessary, the soldiers of these platoons must identify and repel an enemy attack from the air.
Young people who have diplomas in engineering or technical professions have the greatest chance of doing military service in one of the units of the Aerospace Armed Forces. When distributing conscripts, they rely on the psychological characteristics and intellectual abilities of the guys. The fitness modification required for deployment to aerospace, air defense and missile forces units must be at least grade “A” and its subcategories.
Naval forces
Navy. Soldiers of this military branch perform their combat duties in the seas and oceans under the control of the Russian Federation. The task of the Navy is to repel possible enemy attacks, and also, if necessary, to conduct offensive actions from sea waters.
The fleet includes submarine and surface forces, as well as marines and aviation. The characteristics of candidates for service in the ranks of the naval forces must also be high. One of the requirements for soldiers is height, it should start from 1.80 meters, and the fitness level should be at least category “A3”.
Ground troops
Motorized rifle units. The soldiers of these units are distinguished by their ability to repel an enemy attack in any territory or terrain, regardless of weather conditions. In addition, another distinctive feature of this direction is that there are no serious requirements for conscripts to serve in these troops.
Newly minted soldiers can be sent there, with categories ranging from “A1” to “B4”, that is, all fitness categories that give the right to go to military service. This is due to the fact that in the motorized rifle troops there are many military skills that absolutely all conscripts can cope with.
Tank forces. This unit is rightfully considered the basic attack weapon of the ground army. The employees cope well with combat missions related to defense against enemy attacks, and, if necessary, attack in a coordinated manner. As is clear from the name of the direction, most of the fighters will be part of the crews of tank vehicles. Therefore, recruits no taller than 1.75 meters are selected for the ranks of these forces. The conscript must be in good physical shape and not have serious visual impairments.
Railway. These units are not considered prestigious, they perform combat missions with the participation of the railway, and their duties also include maintaining railway tracks after natural disasters or other incidents. Often, children who do not have good health and endurance are sent here to fulfill their civic duty.
Special forces. Those serving in these units handle tactical and combat operations that can only be trusted by the best of the best. Conscript soldiers do not join the ranks of these armed forces. To become a special forces soldier, you must already have served in the army. Plus, certain tests are conducted among candidates and they are subjected to strict selection.
