I suggest we talk about how to expunge a criminal record. I have been working as a lawyer for five years, and individuals repeatedly contact me with questions about how to cancel a criminal record before the deadlines approved by the court. I give instructions regarding the procedure necessary to reduce the period of a criminal record, and also talk about the specifics of this process and the length of the repayment period. This article will discuss all of these aspects.
What are they given supervision for after release?
Author of the question: Likhachev N. Created: 02/22/22
According to general rules, administrative supervision is established by the court in relation to adults released (released) from places of deprivation of liberty and who have an outstanding or unexpunged conviction for committing a serious (especially serious) crime or a crime in the event of a repeat crime or an intentional crime against a minor or two or more crimes , provided for in Part 1 of Art. 228, art. 228.3, part 1 art. 231, part 1 art. 234.1 Criminal.
Answered by: Dmitriev K. 02/25/22
Is it possible to find out if you have a criminal record?
Application to the police
Every person must understand that information about a criminal record, even after expungement, is stored in the databases of authorized organizations.
It is from this authority that you can request a certificate indicating the absence or expungement of a criminal record.
But, it is worth understanding that this personal information can only be taken by each person personally.
To do this, you need to write a corresponding statement to the police at your actual location. You only need to take your passport with you.
How is a criminal record expunged in Russia?
Author of the question: Nekrasov N. Created: 02/22/22
The general deadlines, subject to which an existing criminal record is removed, are established by Art. 86 of the Criminal Code of the Russian Federation:
- For those sentenced to probation - from the moment the probationary period expires
- For those sentenced to penalties not related to imprisonment - 1 year or execution of the sentence
- For those convicted of crimes of minor or moderate gravity – 3 years from the date of completion of the sentence
- For those convicted of serious crimes – 8 years from the date of completion of the sentence
- For those convicted of especially serious crimes - 10 years from the moment the sentence was served
Answered by: Efimova K. 02/22/22
Consequences
The legislation states:
- a criminal record is considered a special element of the legal status of a person convicted of an offense. The sentencing is considered the beginning.
- The perpetrator faces certain legal consequences:
- restriction of rights and freedom for a certain time;
- A decision on a suspended sentence made by a court is still considered a criminal record.
The legal consequence is:
- a person’s criminal record is an element that aggravates responsibility;
- conviction as a circumstance qualifying the relationship of the offense between the articles of the Code of Criminal Procedure of the Russian Federation;
- conviction is a necessary reason for recognizing an object as a dangerous repeat offender;
- an existing criminal record helps to determine the institution (IK) for deprivation of liberty.
There are also non-legal consequences provided for by law. For example, if a person is convicted of a financial offense under Article 160, then he may be denied a job related to material assets.
A criminal record is attached to a person who has served his sentence until it is expunged or removed in accordance with the established legal procedure.
When a person is convicted, he acquires several restrictions, which mainly relate to work activity. Persons with a criminal record are prohibited from working in the following positions:
- spheres of law enforcement
- in the field of education and upbringing of children
- lawyer
- senior finance positions
- security
In addition, depending on the type of violation, the guilty person does not have a chance in other areas:
- get a gun and hunting permit
- take someone under guardianship
- obtain citizenship
- run for office
- serve under contract
The above is a basic list of consequences. More complete information about restrictions can be found in the legislation.
Having a criminal record can have a negative impact on the offender and lead to criminal liability. This manifests itself as follows:
- The next time you commit a violation of the law, this fact will be reflected in the sentence. The violator will receive a more severe punishment.
- It is of great importance when assigning a correctional institution.
- Limitation of the use of amnesty.
We suggest you familiarize yourself with: From what period should vacation be counted
? Also, persons who have been released from prison and still have a criminal record are subject to supervision by executive authorities. Usually, the police closely monitor people who have been previously convicted and have served their sentences. The slightest offense can lead to irreparable results with more severe prosecution.
From all of the above consequences, we can conclude that a criminal record plays a big role in the realization of human rights.
Do they take you into the army with a criminal record?
Author of the question: Nesterov E. Created: 02/25/22
A criminal record is a special status, and in relations with the military registration and enlistment office, the consequences of its presence may be different. One thing should be said right away - to the question of whether people are accepted into the army after a criminal record, the answer is a definite “yes”. You won't be able to get category D. However, there are nuances regarding the time when you can call. Criminal record and its meaning. Content. 1 Criminal record and its meaning. 2 Expungement of a criminal record. 3 Removal. A criminal record is a special status of a citizen, indicating that he once committed a crime, an exhaustive list of which is provided
Answered by: Romanov K. 02/26/22
Procedure
No special manipulations or actions are required. After the expiration of the established period, repayment occurs automatically. But this does not mean that this information will “sink into oblivion.” All information about the existence and nature of a criminal record will be stored in the archives of the Ministry of Internal Affairs. Filing a petition in this case would be inappropriate and pointless.
Applications for withdrawal are submitted:
- The convicted person, his representative.
- An inspector supervising a person on probation.
The following is submitted to the judicial authority for consideration of the case:
- submission submitted by the supervisory inspector;
- The petition is drawn up personally in free form according to the provided sample, but it is better to involve a lawyer for this.
We suggest you familiarize yourself with: What are the documents for a temporary residence permit for marriage in Sakhorovo
Within ten days, these documents are considered by the court.
If the submitted documentation is drawn up correctly, it includes the necessary information, does not contain offensive language, and the deadlines for the request are met, then it is possible to accept the case for proceedings, where:
- The applicants' appeal to the court is heard.
- Documents are attached to the case.
- The evidence provided is studied and analyzed.
- A representative of the prosecutor's office is heard.
- The witnesses listed in the attached papers are being interviewed.
After which the court makes a decision and draws up a resolution.
Conditions for withdrawal
According to current legislation, a convicted person can count on early expungement of his criminal record if certain conditions are met:
- The convicted person has served the main sentence;
- A citizen works or studies without changing his/her place of study/work;
- The convicted person is characterized positively by his place of study/work;
- After serving his sentence, he did not violate the order;
- The convicted person admitted his guilt and repents of his crime;
- The citizen fulfilled the obligations imposed by the court in full (for example, he compensated for the moral and material damage caused).
A criminal record is expunged after its expiration, while the expungement of a criminal record is its cancellation according to a court decision.
Punishment under Article 158 of the Criminal Code of the Russian Federation for theft
Therefore, the first thing you shouldn’t do is think that the court will act similarly to the found precedent (i.e., court decision) and impose the same punishment as in that case. In criminal law, analogies of law do not apply.
- up to 1 year according to Part 1 of Art. 158 CC,
- from 1 year to 2 years - according to Part 2 of Art. 158 of the Criminal Code of the Russian Federation,
- from 1 year to 3 years - according to Part 3 of Art. 158 of the Criminal Code of the Russian Federation and
- from 2 to 5 years - according to Part 4 of Art. 158 of the Criminal Code of the Russian Federation.*(2)
According to statistics, theft is almost half of all crimes in the structure of general crime. Of these, approximately half are revealed and the perpetrators are brought to justice; Of the total number of convicts, approximately every third person is punished for theft. Sentences and judicial statistics are now officially published on the Internet and are in the public domain so that anyone can familiarize themselves with them. Under Article 158 of the Criminal Code of the Russian Federation (CC), punishment ranges from a fine to imprisonment for up to ten years, depending on the theft committed. But if you look at judicial statistics * (1), the picture of punishments for theft looks like this: The term for expunging a criminal record under the Criminal Code of the Russian Federation - when is a criminal record considered expunged? Now you have learned how to expunge a criminal record after serving a sentence and how long it takes for a person’s criminal record in the database to be expunged data from the Ministry of Internal Affairs. and here's one more point. At the time I committed the crime, I had never been convicted. and after this incident I had a trial in another case and I was convicted. is it now considered that I have relapsed? If you have problems related to criminal prosecution for theft, we advise you to immediately contact a lawyer. You can call the hotline or leave your questions in the online chat form, we will review your situation as soon as possible and help you achieve a suspended prison sentence under Article 158 of the Criminal Code of the Russian Federation.
Definition
These provisions are regulated by the provisions of criminal and criminal procedural legislation. Including, this is Article 86 of the Criminal Code and 400 of the Code of Criminal Procedure of the Russian Federation. A criminal record should be understood as a state in which a citizen is convicted for an offense he has committed. The deadline is established in court on the basis of law. Article 86 of the Criminal Code provides for certain aspects that affect a criminal record. Including:
- It is necessary to establish supervision over a person convicted by a court (in some situations it is permissible to use preventive type surveillance);
- If a citizen commits a criminal act again during the period of his criminal record, this entails an aggravation of the imposed punishment, including affecting the term.
Important
In the latter case, it should be noted that restrictions may be placed on the use of grounds for exemption from liability.
How to write a petition
To have a criminal record expunged, a petition must be properly completed. It must indicate the following:
- Full name and registration address of the convicted person;
- The name of the judicial authority in which the petition will be considered;
- Grounds for expunging a criminal record;
- Availability of evidence confirming the correction of the convicted person;
- References to legislative norms that the court must follow to make a decision;
- List of supporting documents.
Please note! To apply to the court, you must attach documents :
- A copy of the court verdict;
- Certificate of completion of sentence;
- Characteristics from the place of work or study;
- Documents confirming compensation for material damage (receipts, payment orders);
- A certificate from the bailiffs about the termination of enforcement proceedings (in case the material damage was recovered by the bailiffs).
Other supporting documents may be required at the discretion of the court. In this case, the convicted person can file a petition to obtain evidence, and the court will independently contact the authorized bodies.
Removal of a criminal record based on an act of pardon or amnesty
Attention! The bill on amnesty is considered and adopted by the State Duma of the Russian Federation. The amnesty is carried out to release certain groups of people from serving sentences, as well as to early remove the criminal record of citizens who have fulfilled their obligations. In addition, an amnesty involves replacing a strict punishment with a more lenient one.
The amnesty applies to certain groups of people. After the amnesty comes into force, a number of measures are taken to clear a criminal record, of which the convicted person is notified in writing. The law does not establish the timing and order of the amnesty.
Pardon is a procedure for mitigating or removing punishment aimed at specific individuals. Upon pardon, convicts can be completely released or receive a more lenient sentence. The convicted person has the right to apply for pardon at any time after the sentence enters into force.
Summarize. Clearing a criminal record is possible by going to court, through an amnesty or pardon. Expungement and removal of a criminal record are various procedures that are carried out subject to certain conditions. A criminal record is removed in the presence of certain circumstances and upon proof of correction.
Clearing a criminal record through court
Under certain conditions, early expungement of a criminal record by court decision is allowed. This procedure is established by Article 400 of the Code of Criminal Procedure of the Russian Federation.
In order for the court to make a positive decision when applying for the expungement of a criminal record, it is necessary:
- Provide written confirmation of the absence of violations of the order;
- Prove that the obligations imposed by the court were fulfilled in full, harm to health and moral damage were fully compensated.
Important! To confirm the fact of correction and the absence of violations, you must provide a set of documents:
- A positive testimonial from the place of residence with the signatures of neighbors;
- Certificate of absence of facts of bringing to administrative responsibility while serving a suspended sentence;
- Characteristics from permanent place of work;
- Other documents confirming the exemplary behavior of the convicted person.
The law does not establish a period after which a convicted person has the right to go to court. The court's decision is based on evidence of the fact of correction. Therefore, to go to court, it is necessary to prepare all the above documents. If the court makes a decision not in favor of the convicted person, then he has the right to petition again one year after the appeal.
The petition should be filed with the court at your place of residence. The decision to remove a criminal record is formalized in the form of a resolution.
In order to be sure that the criminal record has actually been expunged, you must contact the information center and request a certificate.
This can be done remotely, through the State Services website, or by contacting the nearest MFC office. The period for issuing the certificate is 1 month.
