How to find out if a person has a criminal record online by last name in 2022

Why check

Before we tell you how to find out if a person has a criminal record online, let’s figure out why this is needed.
In accordance with Article 86 of the Criminal Code of the Russian Federation, a criminal record is a special legal status of a person acquired by him after a court passed a guilty verdict against him. Problems with the law, and the presence of problems with the law and facts of criminal prosecution of a person in the past, will prevent him from working and performing other actions in the future. Such a “black mark” will create problems with employment and will not provide the opportunity to:

obtain permission to carry weapons;
adopt or take custody of a child;
obtain a visa to some countries;
get a job in the FSB, the Ministry of Internal Affairs and the prosecutor's office.

Such restrictions apply by law, so the question of how to check a person’s criminal record is sometimes very pressing. In addition, in some cases, the court verdict is considered extinguished. This, in particular, happens if the probationary period with a conditional sentence has ended and a certain period of time has passed from one to three years after serving the sentence.

Criminal case while working

An employee may be subject to criminal prosecution by working in a position that is incompatible with a criminal record and prosecution under the Criminal Code of the Russian Federation.

Upon receipt of information from law enforcement agencies that an employee will be subject to criminal prosecution, the employer is obliged to suspend the employee for the entire period of the criminal proceedings until it is terminated or until the court verdict comes into force. During the period of suspension from work (preclusion from work), the employee’s salary is not accrued (Article 76 of the Labor Code of the Russian Federation).

Removal from work is carried out by order of the head of the organization, drawn up in any form. The order should indicate the basis for removal from work, for example, the name and details of the document received from law enforcement agencies.

The order must also contain the period of suspension (for the period of criminal proceedings until its termination or until the court verdict comes into force).

To avoid labor disputes, the employee must be familiarized with such an order against signature. If, at the end of the criminal prosecution, the employee is convicted, then on the day the verdict enters into legal force, the employment contract is terminated. The grounds for termination should be specified in clause 4, part 1, art. 83 of the Labor Code of the Russian Federation - due to circumstances beyond the control of the parties due to the sentencing of an employee to punishment that precludes the continuation of previous work.

Who should you check?

Article 65 of the Labor Code of the Russian Federation allows you to require such a document. It lists the documents that must be required when concluding an employment contract. It contains a criminal record certificate.

Once a court conviction has been expunged, the person should not suffer any legal consequences, but will be prevented from obtaining employment. For example, according to the provisions of Article 331 of the Labor Code of the Russian Federation, persons who have been held accountable for crimes against:

life and health, freedom, honor and dignity of the individual (with the exception of illegal hospitalization in a medical organization providing psychiatric care in an inpatient setting, and slander);
sexual integrity and sexual freedom of the individual;
families and minors;
public health and public morality;
the foundations of the constitutional order and security of the state, peace and security of mankind;
public safety.

IMPORTANT!
The ban is indefinite, so even an expunged criminal record will not remove it.

But there is a list of professions for which it is mandatory to check a person’s criminal record online by last name:

civil servants (clause 2 of article 16 of the Federal Law of July 27, 2004 No. 79);
teachers (Part 2 of Article 331 of the Labor Code of the Russian Federation);
persons working with minors (in education, upbringing and medicine - Article 351.1 of the Labor Code of the Russian Federation);
aviation specialists (clause 3 of article 52 of the Air Code of the Russian Federation);
FSB employees (clause “c” of Part 3 of Article 16 of the Federal Law of 04/03/1995 No. 40);
bailiffs (clause 3 of article 3 of the Federal Law of July 21, 1997 No. 118);
customs officers (clause 1 of article 7 of the Federal Law of July 21, 1997 No. 114);
employees of clearing organizations (clause 3, part 5, article 6 of the Federal Law dated 02/07/2011 No. 7);
prosecutors (paragraph 5, paragraph 2, article 40.1 of the Federal Law of January 17, 1992 No. 2202-1);
security guards at fuel and energy complex facilities (clause 1, part 1, article 10 of the Federal Law of July 21, 2011 No. 256);
persons ensuring transport security (clause 1, part 1, article 10 of the Federal Law of 02/09/2007 No. 16).

Features of the procedure in Transnistria

How to find out whether a criminal record in the PMR has been expunged? You should refer to the laws of the Pridnestrovian Moldavian Republic. In 2002, under No. 138-3-111, the Criminal Code of the PMR was put into effect. In Article 9 of this code, the repayment of penalties occurs according to the rules approved back in March 1961 for the Moldavian SSR. The provisions were updated and adjusted to Article 85 of the Criminal Code of the PMR.

Automatic expungement of a criminal record occurs in the following cases:

a sentence not related to imprisonment in a correctional institution will disappear after its execution after 12 months;
depending on the severity of the criminal act and release within a period determined by the court;
at the end of the probationary period - conditionally convicted;
3 years is given to citizens if the offenses are of average severity and they have fully served their sentence;
after 8 years, jurisdiction for serious crimes is removed;
Particularly serious unlawful acts are removed after 10 years.

A criminal record is cleared by early release from the consequences. Application procedure. After submitting the application to the court, the issue of whether the request will be granted will be considered. You can find out information about a stranger on the court website, but only in relation to the issue that the case was considered and a decision was made. The result is never published. A copy of the court decision is given to the person involved immediately at the end of the meeting.

How to find out about an employee's criminal record

How to find out about a person's criminal record by last name? The easiest and absolutely legal way to find out whether an employee has had problems with the law in the past is to ask him to bring the relevant certificate. This is one of the answers to the question of how to check a person’s criminal record. Its registration is absolutely free and all you need is a passport. After filling out the application form, the necessary data will be provided within 30 working days. Moreover, online verification is available through the government services website. To do this, you only need to have an authorized registration on the site.

If an employer wants to receive information about all employees, he is obliged to obtain their consent to represent their interests in this matter and request information immediately in bulk. This is acceptable and will take the same amount of time as receiving one certificate.

Results

A certificate of the presence/absence of a criminal record may be required when applying for a job in areas where special requirements are placed on the moral and psychological qualities of workers. Having a criminal record in the past is seen as a negative aspect. All cases are established by law.

The certificate may also be additionally requested in other cases when the employer makes a decision on hiring.
In such cases, it is impossible to refuse an applicant solely on the basis of failure to provide a certificate or having an expunged criminal record. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

How to check online

But what if an employee works, and his superiors have suspicions that he is in trouble with the law? He doesn’t want to bring a certificate voluntarily. How can I find out about a person’s criminal record via the Internet or in another way without his consent? There is no legal way. Only the state security service and internal affairs bodies have the right to receive such information. The security services of even government organizations and institutions do not have such powers. Moreover, an attempt to secretly obtain such information from the database of the Ministry of Internal Affairs is an administrative offense, liability for which is provided for in Part 2 of Article 13.11 of the Code of Administrative Offenses of the Russian Federation. The fine will be assigned in the amount of:

for civilians - from 3,000 to 5,000 rubles;
for officials - from 10,000 to 20,000 rubles;
for legal entities - from 15,000 to 70,000 rubles.

So don't take risks. Moreover, there are legal ways to find out about a person’s criminal record by last name online. Courts that issue judgments publish them on their official websites and in various court registers. Using the search, it is easy to find out about all cases of a person’s participation in court hearings over the past 3-5 years. Since such information is posted in open sources, its receipt is not a violation. In addition, it is possible to check the names of employees or candidates for vacancies on the website of the Ministry of Internal Affairs of the Russian Federation in the “Attention, wanted!” section. To do this, just fill out the form and find out if the person is wanted.

Checking a person's criminal record: is this necessary?

From the above, we can conclude that finding out a person’s criminal record online is a troublesome task. It is much easier to obtain other information that is no less valuable for the employer. For example, you can request an applicant's credit report or credit score right now.

A credit report will help you evaluate how realistic a person is about their financial capabilities. Late payments are a warning sign. But a neatly paid mortgage, on the contrary, speaks of the ability to correctly set priorities and fulfill obligations.

A debt-ridden employee can cause a lot of trouble for the employer. He will demand a salary increase, spend working time solving financial problems, and in the worst case, he will go as far as stealing property, money or a client base. This is especially true for financially responsible employees and TOP managers.

How to check on the court website

To do this, you will need to find the official website of the court of general jurisdiction at the place of registration of the potential employee. After this, follow the instructions:

Find and go to the “Judicial Proceedings” section.
In the search column, enter the person's last name.
Click on the "Find" button.

Some sites will require more details. This is, for example, what the search system looks like on the official portal of the courts of general jurisdiction in Moscow.

Check on the bailiffs website

On the bailiffs website, you will learn about open enforcement proceedings against an individual and check whether he is wanted on suspicion of committing a crime:

Go to the Enforcement Proceedings Database (if you start from the main page, then first go to the “Services” section).
ABOUT.
Enter information about the person.
Click on the "Find" button.

How to check on the website of the Ministry of Internal Affairs

This is done on the “Attention, wanted!” page. To get to it from the main page, select “Services” in the menu, and then “Attention, wanted” in the list that opens.

After the list of the most dangerous criminals there is a search block. Please note that this database of the Ministry of Internal Affairs contains information only about those persons who are being searched in accordance with the established procedure using the media.

The data in the Ministry of Internal Affairs database contains absolutely all cases of bringing citizens to criminal liability and it is impossible to remove them from there. Even the canceled sentence appears in the certificate. Moreover, only their database reflecting criminal records allows you to check a person with a 100% guarantee. By virtue of Order of the Ministry of Internal Affairs of the Russian Federation dated November 7, 2011 No. 1121 “On approval of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the provision of public services for issuing certificates of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution,” the issued document will display all facts of criminal prosecution, even those that did not entail any consequences.

What are the negative consequences?

Former criminals who have not expunged their criminal record are limited in their civil rights; they cannot:

stand as a candidate for elections to government structures, both higher and local;
be drafted into the army;
obtain a firearms license;
adopt a child or obtain guardianship;
become a citizen of any country where former convicts are not favored.

The list is quite impressive; it interferes with the implementation of many legal relations available to persons without a criminal record, removed or expunged. Many documentary forms have to be filled out by a person, and there they require you to indicate unpleasant facts. Anyone who tries to hide them will only make their situation worse by lying. When there is a relapse or a crime for which you had to serve time, the subsequent punishment will be greater than for the first time offender who broke the line of the law. A citizen can fully realize his constitutional rights if his previous punishment loses its effectiveness, is extinguished or removed.

If the organization requires a certificate of no criminal record

You can obtain such paper yourself in several ways. The simplest one, which we have already mentioned, is through the government services website. In your personal account, make an application, fill out the application and select the MFC, where you will then receive the original certificate.

Another option is to contact the Ministry of Internal Affairs, the Internal Affairs Directorate or the Central Internal Affairs Directorate. They are obligated to work with such requests from civilians by Order of the Ministry of Internal Affairs No. 965. The third method is directly to the MFC. In the last two cases, for registration you will need to provide:

passport and its copy;
application for a certificate.

Restrictions on work activity

For many citizens, it is important to clear their own biography of unpleasant, previous illegal actions. Not everyone hires ex-criminals, even when their criminal activities are in the past and they have received a well-deserved punishment.

If the criminal record has not been expunged, it is prohibited:

apply for the position of a government official, serve in the courts, the Ministry of Internal Affairs, the FSB;
register for teaching activities;
work as a lawyer, financier;
work in security and detective structures.