The Constitutional Court explained what influences the abolition of a suspended sentence and the expungement of a criminal record

A suspended conviction imposes the same restrictions on a person's legal life as another conviction. A probationer cannot:

change address, job or study without informing the inspector supervising him;
visit those places determined by the court;
go abroad, take out a loan, etc.

After the end of the trial period appointed by the court, such a criminal record is automatically expunged - it is considered that the guilt has been expiated. A person can be called not convicted, for which a certificate is issued upon his request. Of course, all this is possible only in the absence of “failures” in the form of violation of the inspector’s instructions, administrative fines, etc.

If the behavior is exemplary and at least half of the probation period has passed, the person has the right to have his criminal record expunged early.

In the case of exemplary behavior, a report about this is written to the court by an employee of the criminal executive inspection (CII), who is noted to have a suspended sentence. You submit an application, supporting documents and characteristics to the UII, and then it passes them on to the authorities.

But if you have violated anything, even if you were fined for the lack of reflective elements in the dark, the inspector may refuse you. Then, in case of a minor violation, you should try to go to court yourself for early removal of your criminal record. The law does not describe this possibility, but the Constitutional Court allowed it.

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The concept of a criminal record and its meaning

A criminal record is a special legal status of a resident of the Russian Federation who has committed a criminal offense, was found guilty and sentenced to punishment. From this moment on, the resident is considered to have a criminal record and this provision is valid until it is expunged.

Due to a criminal record, certain social rights are limited.

The significance of a criminal record in the social sphere:

Restrictions on work activity. A resident with a special legal status will not be hired to serve in the police; they will not be called up for military service as a judge, prosecutor, or investigator.
A resident with a criminal record cannot adopt a child.
Administrative supervision may be established.
When filling out forms, you are required to indicate your special legal situation.
It is prohibited to choose closed territorial-administrative entities (closed cities of the Russian Federation) for residence.
Restrictions on the storage and purchase of weapons.
Entry restrictions in some countries.

Meaning in the conditional legal sphere:

If the criminal record has not been expunged and a new offense occurs, then it is considered a recidivism and entails:

aggravation of new punishment;
the decision on parole will most likely be rejected;
refusal of amnesty.

Opportunity to improve

A suspended sentence is the possibility of canceling and replacing the real punishment in the form of imprisonment for citizens and disbat for military personnel. If the punishment does not exceed an eight-year term, the court may consider that the convicted person can reform without actually staying in a colony or prison (read more about correctional colonies in the Russian Federation here, and find out more about prisons in the Russian Federation in this material).

Also, a number of mitigating circumstances may be a condition - the crime was committed for the first time or without intent, the defendant was in a state of passion or defended himself. Then the sentence is considered a suspended sentence and the person can continue to live a normal life, while being under the supervision of the penitentiary services.

However, not every convicted person has a chance to get off with a suspended sentence. This possibility is completely excluded:

Any sexual harassment of children under 14 years of age.
Crimes related to terrorist activities.
Attacks on foreigners and members of international organizations.
Recidivism is the repeated commission of crimes for which a person has already been convicted before.

Read more about the concept and features of suspended imprisonment here, and learn more about the differences between imprisonment and restriction of liberty, arrest and probation in this material.

Deadlines for expunging a criminal record

Temporary deadlines for expunging a criminal record:

Criminal Code of the Russian Federation. This means that the term is determined for each crime separately. On average, this is 3 years for a non-serious crime, 8 years for a moderate crime and 10 years for a serious crime.
Default. A criminal record is annulled after a calendar year, after serving the sentence. This is possible if the Criminal Code of the Russian Federation does not prescribe deadlines for a specific offense and the court itself has not determined the deadlines or the resident was punished without imprisonment.
At the end of the probationary period. This means that the court itself determined the terms (in the case of a suspended sentence).
The maximum period for expunging a criminal record is 10 years.

Why is it desirable to expunge a criminal record?

A record of a criminal record for a particular person does not allow a person to lead a full life. Usually we are talking about problems with traveling to other countries, difficulties with finding employment. In addition, a criminal record can have a negative impact on a citizen’s immediate family. For this reason, many seek to remove this restriction in order to lead a normal life in the future. This issue is regulated by Article 74 of the Criminal Code of the Russian Federation.

Advice! Even if a citizen moves to another region or city, the criminal record will remain, since the database is common for all regions.

Early expungement of a criminal record

You can expunge your criminal record early and restore your rights. To do this, you need to send a petition to the magistrate or to the court at your place of residence. The court hearing takes place in the personal presence of the convicted person. It is important to show at the court hearing that the convicted person has “taken the right path” and leads a correct lifestyle.

Reference. A resident can file a petition only if he has served half or more of the probationary period, has not violated the established rules, and the harm to the victim has been fully compensated. For example: the period is 5 years, which means you can go to court for early expungement of a criminal record no earlier than 2.5 years.

The process of early expungement of a criminal record requires careful preparation. Before going to court, you need to contact a lawyer who will help you collect all the necessary documents and give professional recommendations. If desired, the lawyer will defend interests at the court hearing and, in case of disagreement with the court decision, will file an appeal.

How to get a suspended sentence

The deciding factor in your case will be the line of defense you or the attorney representing you choose.

In accordance with judicial practice, you can receive a suspended sentence instead of a real one if you help solve the crime from the very beginning. Repentance of the person who committed the crime, as well as cooperation with the investigation, are key mitigating factors when choosing a punishment. This must be remembered at the investigation stage and based on this, build a further strategy for behavior in court.

If the bench is an exemplary family man who works and has good reviews from work, and the crime itself was not serious, then the probability of obtaining the desired result is quite high.

Note!
To get a “condition” instead of a real term, you need a good, qualified lawyer.

If a person with an outstanding criminal record, suffering from problems with alcoholism or drug addiction, and without a family, applies for a “condition,” then the court will most likely ignore the petition.

Early repayment terms

After the court’s decision to expunge the criminal record early and the act comes into force, the resident will be considered unconvicted and restored to his rights. Also, within 10 working days he will be removed from supervision at the criminal-executive inspection.

If the court did not expunge the criminal record early, then you can re-submit the petition to the court only after a year, unless there are other reasons that could influence the decision.

How to fill out a petition to expunge a criminal record

There is no standardized form for such a document, but there are rules for writing such statements. The petition consists of a head and a main part, which is divided into descriptive and operative.

In the header of the document at the top right, the resident indicates the data of the court and his own. Next in the middle is the name of the document.

Why do they give a suspended sentence?

A suspended sentence may be imposed if the court considers imprisonment or correctional labor inappropriate. When making a decision, the court takes into account the severity of the crime and its danger to society. In addition, the choice in favor of a suspended sentence may be made in the presence of mitigating circumstances. Conversely, if there were aggravating circumstances, there is a high likelihood of more serious consequences, including imprisonment.

The court will also take into account whether the defendant has an outstanding criminal record and the lifestyle he leads. In addition, characteristics from places of study or work are also important. The opinion of a person from management and colleagues is important.

Note!
The court also pays attention to whether the defendant has a family and children.

It is also necessary to note how exactly public danger is determined. The court takes into account the subsequent behavior of the accused. The likelihood of a suspended sentence is higher if the defendant:

compensated the victim for damages;
admitted guilt;
repented.

Responsible for the behavior of a civilian who has received a suspended sentence is the Criminal Executive Commission. As for persons who serve in the army, they will be controlled directly by the command staff of the military unit in which the convicted person serves.

Expungement of a criminal record in court

In a judicial procedure, a criminal record can only be expunged ahead of schedule. The procedure itself is like a lottery, because the case is reviewed again and if additional circumstances are discovered, then the criminal record may, on the contrary, be increased. But if there are compelling circumstances, then it is better to file a lawsuit to have your criminal record expunged early.

From practice it follows that if all documents are collected correctly and all conditions are met, then the application for early removal of a criminal record is resolved in a positive direction for the convicted person.

Other ways to expunge a criminal record

A criminal record can be expunged in two other ways:

Due to the amnesty. Amnesty is a legal act of the legislative body aimed at the category of persons who have committed an offense, which states that persons serving sentences are exempt from criminal liability or the sentence is commuted. For persons who have already served their sentences, their criminal record is expunged.
In connection with the pardon. A pardon differs from an amnesty in that it is issued only by the head of state and is aimed only at a specific person. To obtain a pardon, you need to write a petition, which the government authorities then forward for consideration.

The Criminal Executive Code of the Russian Federation specifies the procedure for pardon. Which includes:

The resident writes a petition, which is registered with the administration.
The administration sends the application within 20 days to the territorial body of the Ministry of Justice of the Russian Federation, which in turn submits it to the commission within 5 working days and informs the Federal Penitentiary Service.
The FSIN contacts the Administration of the President of the Russian Federation once a month and provides information about the application.
The Administration of the President of the Russian Federation provides information on applications once every 3 months.
If the decision is positive, a Presidential Decree is prepared and announced. Then, within two days, he is sent to the Russian Ministry of Internal Affairs, to the territorial body of the state penal system.

Normative base

The procedure for clearing a criminal record early in Russia is regulated by the provisions of Article 400 of the Code of Criminal Procedure of the Russian Federation, which states that if there are compelling reasons, a person may be recognized as not having been convicted within the framework of the criminal legal system.

Also, the issue of expunging a criminal conviction is covered by Article 86 of the Criminal Code of the Russian Federation, which considers the general principles of a criminal record and several options for its expungement or expungement automatically or earlier than the period established by law.

By the way, the exhaustion of punishment, that is, the same performance of community service or serving a sentence in places not so remote does not mean the complete removal or expungement of a criminal record.

Within the framework of Part 3 of Article 86 of the Criminal Code of the Russian Federation, after these measures, a probationary period of six months to ten years is also provided, depending on the severity of the offense committed.

Removing information from the Ministry of Internal Affairs database

You can remove information from the Ministry of Internal Affairs database only in two cases:

The information was entered incorrectly.
The court pronounced an acquittal.

Due to the risk of relapse, the data in the Ministry of Internal Affairs database is stored for life, because it is important to know whether a particular resident was convicted and under what article.

Does a criminal conviction count as a criminal conviction?

A conditional conviction is one of the forms of criminal record, which, if the conditions are not met, can become real.

A suspended conviction has restrictions on the defendant's lifestyle, such as:

Lack of voting rights.
You cannot travel outside the country.
It is required to notify authorities of a change of residence, work, or study.
Mandatory employment is also required.
Prohibition on adoption and guardianship.
Prohibition on possession of weapons.

Any offense may be grounds for replacing a suspended sentence with a real one.

Certificate of expungement of criminal record

A certificate of criminal record expungement may be needed for:

Making a passport.
Visa production.
Permission to store weapons.
Adoptions.
When applying for a job in the public service.

To obtain a certificate, you need to contact the Ministry of Internal Affairs and write an application. The certificate is prepared within 5 days.

Expungement of criminal records for minors

Persons under the age of majority are judged more leniently. And their terms for expunging criminal records are shorter and equal:

Six months if there was a suspended sentence.
Twelve months if the punishment was moderate.
Thirty-six months after serving a sentence for serious and especially serious crimes.

But preferential conditions are possible only with exemplary behavior and official employment.

The Criminal Code of the Russian Federation establishes for minors only the expungement of a criminal record, and not the expungement. As a result, its terms are reduced.

Expungement of a criminal record is most often possible in two ways. This is the automatic expungement of a criminal record after a period established by the Criminal Code of the Russian Federation or appointed by the court. Or early expungement of a criminal record, which is possible if the convicted person leads a correct lifestyle. To expunge a criminal record early, you must file a petition with the court.

Consequences of probation

The main advantage of a suspended sentence, compared to other types of punishment, is the preservation of freedom. However, you should not expect that a suspended sentence will allow you to live without restrictions. They are and will be quite severe. Let's look at them in more detail.

Ban on traveling abroad. If you are given a suspended sentence, then you can forget about any foreign trips for the entire period of the sentence.
Ban on visiting certain places.
Obligation to be treated for detected diseases. If a person is diagnosed with sexually transmitted diseases, an unhealthy craving for alcohol or drugs, or other problems of this kind, he will have to deal with this during the probationary period.
Possible dismissal from military service.
Inability to exercise the right to vote.
Obligation to work officially.
The obligation to constantly check in with the local police officer.

Note!
Traveling abroad is still possible in exceptional cases. For example, in case of a serious illness of a close relative. Moreover, if the sentence is suspended, the foreign passport may be confiscated. You can only leave with the knowledge of law enforcement officers.

A criminal record makes it impossible to work in law enforcement agencies, and in other companies there are often problems with the security service. Therefore, a suspended sentence, while allowing one to maintain freedom, creates many additional difficulties in the future.

Nuances

Regardless of what type of punishment the accused was sentenced to - fines or imprisonment - he is considered to have been convicted. And since a criminal record can significantly complicate life, many try to have a criminal record removed early, forgetting that a positive decision will depend not only on their impeccable behavior, but also on the nature of the crime committed earlier.

For a particularly serious crime

In the understanding of the majority, especially serious crimes, as a rule, include murder, which is not entirely true, given that, within the framework of Article 15 of the Criminal Code of the Russian Federation, all types of offenses, sanctions for which involve punishment of more than 10 years, are related to this category.

That is, it can be robbery, that is, committing theft with the use of force, rape and terrorism.

At the same time, during the court hearing, in view of the decision on the issue of early removal of a criminal record, the degree of danger of the offense will be taken into account without fail, along with the circumstances described above. And the accused will be able to raise the issue of expunging his criminal record only five years after his release and being under supervision for at least half of the term established by law.

After paying the fine

As a rule, if a fine is imposed, a person will be considered convicted for another year. And since experiencing inconvenience in the same social benefits because of 30 or 50 thousand is not entirely comfortable, and the crime does not belong to the category of especially dangerous, it is possible to have a criminal record expunged early after six months by submitting the same petition, as well as a positive reference from places of work.

When can a refusal be received?

Without a standard package of documents for early expungement of a criminal record, the accused is unlikely to go to the judge.

However, even if the necessary data is available, failure is likely under the following circumstances:

staying under supervision for less than half the period established by Article 86 of the Criminal Code of the Russian Federation;
the presence of claims from victims who have not yet been compensated for the damage in full;
marks for minor offenses, that is, the same administrative fines.

Court decisions under Article 400 of the Code of Criminal Procedure are made only on the basis of evidence presented by the accused of his active repentance and impeccable behavior during the supervision period.

If a citizen fails to present the necessary facts in documentary form, the decision will not be made in his favor.

By the way, as judicial practice shows, most decisions on early removal of a criminal record in the presence of a full package of documents are positive.

How is a criminal record expunged?

There are 3 ways to terminate a criminal record:

repayment;
removal by court order;
amnesty or pardon.

The main difference between these methods is the timing and termination procedure. Expungement of a criminal record occurs automatically upon completion of the time established by the Criminal Code.

The procedure for removing a criminal record is always carried out before the appointed time, i.e. ahead of schedule, on the basis of:

court decision;
amnesty law;
act of the head of state on pardon.