When is a criminal record certificate required when applying for a job?

When and for what positions do you need a criminal record certificate?

The applicant must provide a criminal record certificate when applying for the following positions:

• Teachers, social workers, employees of cultural institutions, doctors. If an employee will work with children, he should not have a criminal record.
• Russian citizens applying for foreign companies. Traveling abroad may be associated with an attempt to evade criminal prosecution.
• Military personnel. Individuals will be working with weapons and explosives, which involves increased danger.
• People working in security structures. The certificate is needed for permission to purchase and carry weapons.

Applicants for the following positions may also need a certificate:

• Bailiffs.
• Employees of the fuel and energy complex.
• Employees of transport structures whose position is related to ensuring security.
• Board members of housing cooperatives.
• Heads of private companies specializing in employment.
• Employees who organize trading on the financial market.
• Managers of credit companies.
• Individual entrepreneurs whose activities involve communicating with children.
• Employees of the Investigative Committee and the Department of Internal Affairs.
• Law enforcement officials.
• Government employees.
• Employees of state paramilitary structures.
• Employees involved in ensuring the safety of the fuel and energy complex.

IMPORTANT! If the law does not stipulate that the position requires the provision of a certificate, the employer does not have the right to demand the document. There are appeal decisions in which the employee managed to challenge the employer’s unlawful demand. However, in practice, an employer may request a certificate unlawfully. In most situations, the employee provides this certificate, since otherwise the manager will not give the person a job, citing other reasons.

Consequences of a criminal record

A criminal record is the receipt of a conviction. It is not necessary that the sentence will be followed by actual serving of the sentence; it can be suspended, but in this case the consequences of a criminal record occur:

• impossibility of holding any position in the civil service or in services related to the protection of law and order and the rule of law;
• it is difficult to do anything if the crime is committed in such a way that it causes harm to minors, then a ban is imposed on activities in the field of social, pedagogical, cultural and sports, in such cases a certificate of good conduct will not be issued;
• a conviction deprives a person of the right to vote: he cannot vote and be elected to government bodies.

All these restrictions limit the rights of a citizen, even in cases where the criminal record is suspended. The absence of a criminal record becomes the cherished desire of anyone who would like to fully participate in the life of society, the state, and also be realized in their own profession.

Conditional conviction - is established for people who have been given a suspended sentence and is essentially no different from the current one.

Where can I get a criminal record certificate?

Information about a person’s criminal record is stored in the Ministry of Internal Affairs. The certificate can be obtained from information centers at the Ministry of Internal Affairs. To receive the document, the applicant for the position needs to find out where this center is located in his city. If there is no information center in the area, you should go directly to the police station. You must take your passport with you. To obtain a certificate, you need to fill out an application. If the applicant cannot appear at the center in person, the certificate can be issued by a representative. He must have a notarized power of attorney with him.

Deadlines

The deadline for providing a certificate is 30 days. During this time, the applicant receives a document. The period is counted from the date of registration of the application. If additional information is needed to issue a certificate, the specified period may be extended. The maximum extension duration is 30 days. The applicant is notified of the extension of the deadline.

The document itself does not indicate its validity period. It depends on the specific circumstances. In the Russian Federation, the certificate will be valid for 3 months. In the US, EU and Canada, the document will be valid for 6 months. The official validity of the certificate begins from the moment of its issuance.

IMPORTANT! If the applicant does not come for the certificate at the specified time, the document will be stored in the information center for 2 months. During this time, the document can be collected.

In what cases can the issuance of a certificate be refused?

The Information Center may refuse to issue a document. Refusal is valid in the following cases:

• An application for a certificate was not submitted.
• The contents of the statement cannot be read.
• Providing documents that do not meet the specified requirements.
• Submitting an incomplete set of papers.

The application can be submitted electronically. Let's consider the grounds for refusal in this case:

• Errors in personal data.
• Blank lines in the application.

Grounds for refusal are provision of incorrect information. The applicant is notified of the refusal. In this case, you should re-prepare the application and fill it out correctly.

What documents need to be collected

The most convenient way to obtain such a document is to contact the MFC.

The application is submitted by the applicant personally

If you order a certificate here, you will receive it in the same place where you ordered it. You will need the following documents:

• application (no more than two certificates per person can be taken at the same time);
• original and copy of passport;

After all the documents have been collected, MFC employees issue a special notification indicating the date of receipt of the certificate. The same documents are required when applying directly to the department of the Ministry of Internal Affairs at your place of residence. When receiving a certificate online, you need to go to the State website, select “Receive services”, then follow the following algorithm:

• indicate information about the applicant: full name, SNILS, metric indicators (date of birth and place);
• indicate which police department to receive the completed certificate;
• passport output details;
• address, email;
• a copy of the passport is downloaded, with all completed pages in one file.

You can learn more from the video on how to order a certificate through the State Services portal.

When all this is done, move on to the next step: select your city or region, and then click the “Save” button. The application has been submitted, now you should only expect to receive notification of the date the certificate is issued. Reviews say that this is a fairly easy way to obtain a document without leaving home, and it works well.

What is indicated in the certificate?

The certificate contains the personal data of the applicant, as well as information about the information center that issued the document. Information about a criminal record is certified by the signature and seal of the head of the department of the Ministry of Internal Affairs.

If a person has no criminal record, the note “no criminal record” is entered in all columns of the document. If the person has been convicted, the document indicates the date of initiation of the criminal case, the results of the investigation, the court verdict, and the article under which the person was convicted. All criminal records are listed on the certificate.

IMPORTANT! The employer is recommended to look at the original certificate. You can find it on the Internet. This need is associated with the risk that the applicant may provide a false document.

Expunged criminal record and expunged criminal record

Expunged criminal record is a situation when the sentence or probation period for a suspended sentence has expired. The deadlines are established by Art. 86 of the Criminal Code of the Russian Federation.

An expunged criminal record is a criminal record that is annulled by a separate court decision (as if it did not exist).

According to the law, both expungement and expungement of a criminal record must cancel all consequences associated with it. That is, the convicted person must be returned in full all his rights, limited by punishment.

Hence, there is a practice of removing information about a criminal record from the databases of the Ministry of Internal Affairs through a special court decision.

Responsibility for forgery of certificate

If it turns out that the document was forged, the employer has the right to dismiss the guilty person. If a person is only applying for a position, the manager simply does not hire the employee. However, this is not all that awaits the applicant. Forgery of documents implies criminal liability. Types of liability for providing knowingly false information:

• A fine of up to 80,000 rubles.
• Income of the guilty person for six months.
• Mandatory work lasting 180-240 hours.
• Correctional labor for up to 2 years.
• Imprisonment for 2 years.
• If there are aggravating circumstances, the prison sentence is extended to 2 years.

An employee may try to obtain a false document, but this is strictly not recommended. The security service will quickly reveal the fact of forgery, and the person will have to bear the corresponding responsibility.

Where to go to register a power of attorney?

Citizens of Russia

Smooth document processing is available to citizens of the Russian Federation. Moreover, they have options for drawing up a document, from which he can choose the most appropriate in his case. Among them:

• execution and certification of the document at the place of receipt of the certificate: at the Ministry of Internal Affairs or the MFC;
• execution and certification of the document by a notary;
• self-drafting with notarization.

If you compile it yourself, you can also contact a lawyer, or simply copy the form and enter your data into it.

Stateless persons

Non-residents of the Russian Federation must have an official residence permit, which is confirmed by a certificate from the Federal Migration Service. In addition, they are required to have a passport received in their territory or another document confirming their identity.

Having taken all available documents that can identify the person, the principal applies to the notary’s office. Here, the drafting of the document is influenced by the regulations of Article 10 of Law No. 115-FZ of July 25, 2002. According to its provisions, a document on the transfer of powers is drawn up.

For foreigners

Representatives of foreign states draw up powers of attorney in accordance with the regulations of international relations. If they arrived from countries that are members of the Hague Convention, then the power of attorney can be confirmed by an apostille, which is affixed on the territory of the corresponding state. In other cases, they contact their Consulate to legalize or write a document.

IMPORTANT! Countries with which a bilateral assistance agreement has been concluded can prepare a document in their state and affix the appropriate stamp for its legal capacity in the territory of these states.

If you have a power of attorney in your hands, received in your country, which has signed an agreement on legal assistance with Russia, then you need to translate it into Russian, with which you go to the notary’s office. If the power of attorney has not been prepared, contact the notary’s office with the international passport on which the document will be drawn up, with the obligatory attachment of a translation of the international passport.

Sample of completed certificate and blank form

To obtain a certificate form, contact the Ministry of Internal Affairs office or fill out an application on the State Services website. You can order both electronic and paper documents on the Internet. If you choose the second option, you can pick up the completed certificate at the selected MFC branch.

Sample of completed certificate

• 
  sample certificate of no criminal record

Certificate form

you can use this here

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According to Federal Law No. 64 “On Electronic Signature”, a certificate received via the Internet and having an electronic signature is considered equivalent to a paper one. An electronic certificate can be used in all necessary cases, except when federal laws require a document only on paper. The authenticity of the electronic signature is verified by a special program on the computer. If the document has already been printed, then it is not possible to check how authentic the certificate is. Unlike an electronic document, a paper certificate cannot be certified by an electronic signature.

Where to apply for a certificate?

Citizens of Russia can have a document certified at their place of work if the organization collects the certificates. With the consent of the departments of the police department or MFC - at the place where the certificate was received, in accordance with the norms of paragraphs. 3 and 4 of Article 185.1 of the Civil Code of the Russian Federation. They, as well as stateless persons, can apply for this purpose to a notary office in accordance with the norms of clause 1 of Article 185.1 of the Civil Code of the Russian Federation.

Foreign citizens can apply, depending on which country they came from and whether a document authorizing these actions was drawn up in their home country, to the following authorities:

1. To the Consulate by preparing a document on electronic media or printing it.
2. To the notary office, having in hand a translation of the text of the power of attorney and/or international passport.

REFERENCE! To certify a power of attorney, you must present the attorney's passport; to certify the translation of a power of attorney or a foreign passport, the translator must come in person or certify it at the Consulate.

Sample text

POWER OF ATTORNEY

to obtain a certificate of no criminal record

Moscow

fifth of June two thousand seventeen

I, Nikolaeva Galina Petrovna, born September 5, 1961, gender female, place of birth Odintsovo, passport 1223 234321, issued by the Department of the Federal Migration Service of Odintsovo on September 12, 2002, living at the address Moscow, Volgogradsky Prospekt, 234 , sq. 56 with this power of attorney I authorize Abramova Inna Makarovna, born on May 24, 1987, gender female, place of birth Moscow, passport 1241 784313, issued by the Basmanny District Department of Internal Affairs of Moscow on January 24, 2014, living at the address st. Universitetskaya, 25, apt. 3 to represent my interests in the branches of the Ministry of Internal Affairs of the Russian Federation, including in the Federal Treasury Institution “Main Information and Analytical Center of the Ministry of Internal Affairs of the Russian Federation” and in multifunctional centers of Moscow to obtain a “Certificate of the presence (absence) of a criminal record and (or) fact criminal prosecution or termination of criminal prosecution,” and other documentation that can confirm that I have no criminal record, with the right to provide the required documentation on my behalf, submit an application and sign all required documents within the framework of this order.

The power of attorney was issued for a period of three months, without the right to transfer powers to third parties.

Requirements for a representative

Unlike the principal, the attorney must be a citizen of the Russian Federation and have a residence permit on its territory. In addition, he must be 18 years old and his legal capacity cannot be questioned.

Otherwise, the attorney to whom the authority to receive the certificate is transferred is selected at the discretion of the principal. They can be either a relative or acquaintance, or an official. For example, many pedagogical institutions draw up such powers of attorney at the beginning of the school year for newly applying employees, including part-time employees. According to them, the HR department inspector receives the required certificates.

Read more about the requirements for an attorney as one of the parties to the agreement here.

Estimated cost of notary services

The cost of notary services is summed up from the tariff for technical work and state fees. Technical work is assessed:

• for close relatives – 100 rubles;
• for other persons – 200 rubles;
• when transferring powers - 500 rubles.

Close relationship must be confirmed by providing relevant documents. The state duty in the regions is charged in the amount of 1,000 rubles, in Moscow - 1,200 rubles.