Even the most insignificant violation of the law of the Russian Federation can have a detrimental effect on the future fate of a person. A criminal record, both criminal and administrative, can become a stumbling block when obtaining a visa, employment in a managerial position, and when obtaining a loan. Many people ask a completely logical question - how to remove a criminal record early and delete all information from the system?
A brief overview of actions on the issue of expunging a criminal record through the court is described in this article. Detailed advice can be obtained from our company’s lawyers through the form on the website and by phone.
Note!
A criminal record implies any form of suppression from the date of conviction until the full completion of the sentence or until the date the criminal record is cleared early.
When can a criminal record be expunged early?
You can go to court on the issue of early expungement of a criminal record in various situations. It all depends on the severity of the crime and the time that has passed since the verdict.
Removal of a criminal record with a suspended sentence (PAROL)
The real term of imprisonment can be replaced with a suspended one after some time:
- ⅓ term for committing a crime of light or medium gravity;
- ½ – for a serious act;
- for particularly severe cases – ⅔ minimum.
In this case, upon release from custody, the criminal record is not expunged, but is replaced by a more lenient preventive measure - a probationary period. For serious offenses, you can file a petition for early expungement of a criminal record no earlier than 1.5 years after release.
While serving your sentence
You can hope for release and expungement of a criminal record while serving a sentence in a colony in the following cases:
- parole is applied;
- the appeal was considered in favor of the convicted person;
- after early release, ½ of the supervision period has passed.
It is also possible to avoid punishment and receive early release and expungement of a criminal record when applying new standards for calculating time in a pre-trial detention center and in a colony.
Note!
In 2022, amendments came into force according to which 1 day in a pre-trial detention center is equivalent to 1.5 days in a general regime colony and 2 days in a settlement colony.
Amnesty and pardon
Amnesty can be granted in relation to previously convicted persons on the basis of a legislative document. After being released under an amnesty, a convicted person can file a petition to have his criminal record expunged early.
Regarding pardons, there is an established procedure - only the President of the Russian Federation can pardon on the basis of a Decree. The result is a mitigation of the preventive measure or the removal of the criminal record in full.
Expungement of criminal records for minors
In relation to minors, the legislation provides for lenient preventive measures, including expungement of criminal records before the established period. Art. 95 of the Criminal Code of the Russian Federation gives the definition and rules for expunging a criminal record for different categories of crimes:
- 6 months if convicted of a minor crime;
- after 1 year, if sanctions are imposed in relation to the offense under articles of moderate gravity;
- 3 years – for serious crimes.
You can submit a petition/application for early expungement of a criminal record after ½ of the specified period has expired.
Expungement of a criminal record with parole
Conditional early release from punishment More
In the case of conditional early release, the period for expiration of a criminal record is calculated from the moment of the actual release of the convicted person from prison or release from another type of punishment (Part 4 of Article 86 of the Criminal Code of the Russian Federation).
The same applies to replacing the unserved part of the sentence with a more lenient punishment.
For example, if the unserved part of imprisonment is replaced by restriction of liberty, the period for expunging the criminal record begins to run from the moment of leaving the colony.
Application for expungement of criminal record - sample
There are several steps to go through before you receive a certificate of criminal record expungement. A court can remove a criminal record based on a submitted application. You can submit a petition to the nearest office at the citizen’s place of residence or to the court - in person, through Russian Post and online on the “My Arbitrator” portal.
The law does not have a strict application form for expunging a criminal record. It is enough to adhere to a number of recommendations on the content of the document, a sample of which can be obtained on our company’s website or ordered from the portal’s lawyers in person.
The sample application, according to judicial practice, contains the following points:
- details of the law enforcement agency at the place of application;
- information about the applicant;
- the main part of the document outlining the essence of the issue with references to the legislation of the Russian Federation;
- social and legal norms in relation to the convicted person - marriage, children, work, etc.
Additionally, the following documents must be attached to the application:
- sentence;
- certificate, certificate of terms of sentence served;
- a certificate of compensation for harm to the injured party, payment of compensation as a result of the crime;
- characteristics from relatives and management at the place of work;
- absence of claims against the applicant from law enforcement agencies - issued by the district police officer at the place of registration/residence.
Note!
Additionally, a medical report on the presence of diseases, as well as loyal references from the place of work and places of imprisonment, can help to remove a criminal record early.
Format of a petition to the court
Only a judge can vacate a criminal record if the request is granted in full. Depending on the category of the offense (administrative, criminal), the application is submitted to a court of general jurisdiction or a magistrate. In any case, it is necessary to be guided by the provisions established in Art. 31 of the Code of Criminal Procedure of the Russian Federation with rules on the jurisdiction of crimes.
All available evidence of good behavior should be attached to the application - a certificate of absence of police records, criminal records, place of work/study, information from neighbors, data on achievements, etc.
If the conviction is suspended, then the criminal record can be removed by submitting an application to the correctional inspection (CII), where the perpetrator is registered. Representatives of the Penitentiary Directorate independently go to court if at least ½ of the appointed period has passed.
Summary
It is possible to have a criminal record expunged early in court following a statement of claim if you comply with all the norms established by law:
- serving part of the imposed sentence, depending on the severity of the crime;
- diligent behavior, confirmed by characteristics from places of detention, work, study and neighbors;
- there are no new episodes under other criminal/administrative articles;
- The damage to the victim is fully compensated.
The legal status of a previously convicted citizen is regulated by Art. 179 of the Penal Code of the Russian Federation with comments, which indicate that along with a criminal record, all consequences are removed.
Latest questions on the topic: “expunging a criminal record”
Is it possible to cancel a suspended sentence and expunge a criminal record?
The husband had a suspended sentence in 2011, Article 167, after 6 months the court decided to revoke the suspended sentence and cancel the criminal record.
I have a higher legal education and I want to get a job in law enforcement agencies, but I am rejected everywhere because I was not hired. Can I still try to get a job and where else can I try to get a job? and what should I do in this situation? Olga, Volgograd
expungement of criminal record
Lawyer: Ilya Kostromov
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I want to get a job in law enforcement agencies, but they refuse me everywhere because I was hired. Can I still try to get a job and where else can I try to get a job? and what should I do in this situation? Olga
Olga,
nothing can be done here. Your husband’s criminal record has been cleared in accordance with the procedure established by law, but information about it remains in the Ministry of Internal Affairs database almost for life. And it is impossible to remove them from there.
You should look for work in areas that do not have such strict requirements for job applicants.
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Lawyer: Ilya Kostromov
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I want to get a job in law enforcement agencies, but they refuse me everywhere because I was hired. Can I still try to get a job and where else can I try to get a job? and what should I do in this situation? Olga
Olga,
nothing can be done here. Your husband’s criminal record has been cleared in accordance with the procedure established by law, but information about it remains in the Ministry of Internal Affairs database almost for life. And it is impossible to remove them from there.
You should look for work in areas that do not have such strict requirements for job applicants.
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Is it possible through the court to remove data from the Ministry of Internal Affairs database about a criminal record?
Hello dear lawyers.
Help with the question: I had a criminal record under Art. 119 Part 1 and Art. 158 part 2 was not served on probation for 119 (4 years ago) now everything has been withdrawn, and 158 (two years ago) the parties are trying on. The question is whether it is possible to remove data from the database through the court, since when applying for a job they are not hired due to a criminal record. I understand that I am legally clean, but employers don’t give a damn about it. Please help me with this question, and if it is possible to delete the data through the court, then how and where to go. Thank you in advance. Dmitry, Chelyabinsk
expungement of criminal record
Lawyer: Ilya Kostromov
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The question is whether it is possible to remove data from the database through the court, since when applying for a job they are not hired due to a criminal record. I understand that I am legally clean, but employers don’t give a damn about it. Please help me with this question, and if it is possible to delete the data through the court, how and where to go. Thank you in advance. Dmitriy
Dmitriy,
Questions like yours are asked with surprising frequency in this section.
Alas, no one can help here. There is already judicial practice (negative) on this issue.
I agree with you: it’s unfair! The criminal record has been expunged, no one should know about it. An expunged criminal record by law has no legal consequences. But in reality, everything is exactly the opposite.
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What is the time frame for expunging a conviction imposed in 2008?
Convicted on August 14, 2006 under Part 4 of Art.
33 part 5 art. 33 part 1 article 30 clause 3 part 2 from 105 to 6g. 1 month of freedom. released on June 3, 2008 on parole for 1 year 4 months 26 days. When is a criminal record expunged? Igor, Tver
expungement of criminal record
Lawyer: Oleg Kers
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Good afternoon. In accordance with Part 5 of Art. 15 of the Criminal Code of the Russian Federation, a crime provided for in Part 1 of Art. 105 of the Criminal Code of the Russian Federation, belongs to the category of especially serious crimes.
According to paragraph “d” of Part 3 of Art. 86 of the Criminal Code of the Russian Federation (as amended in 2008), in relation to persons convicted of especially serious crimes, a criminal record is expunged eight years after serving the sentence.
Since there was parole, in accordance with Part 4 of Art. 86 of the Criminal Code of the Russian Federation, the expiration period for a criminal record is calculated based on the actual sentence served from the moment of release from serving the main and additional types of punishment.
Thus, the criminal record is expunged in your case eight years after your release.
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Lawyer: Oleg Kers
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I recommend sending a written appeal to the head of the GIAC of the Ministry of Internal Affairs of Russia with a request to look into this issue. If it doesn’t help, then you can go to court with an administrative claim in the manner prescribed by Art. 218-220 of the Code of Administrative Proceedings of the Russian Federation, on recognizing as illegal the inaction of officials.
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Lawyer: Ilya Kostromov
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I received a paper from the IC that the criminal record has not been expunged! Igor
Igor,
Actually, according to Article 86 of the Criminal Code of the Russian Federation:
e) in relation to persons convicted of especially serious crimes - after ten years after serving the sentence. (as amended by Federal Law dated July 23, 2013 N 218-FZ)
Your sentence is considered served at the time of parole. Accordingly, the criminal record will be expunged exactly 10 years from the date of parole, i.e. 06/03/2018
There is, however, an opportunity to remove a criminal record early:
Let's look at the same article 86 of the Criminal Code of the Russian Federation:
5. If the convicted person, after serving his sentence, behaved impeccably and also compensated for the damage caused by the crime, then, at his request, the court may remove his criminal record before the expiration of the criminal record expires.
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Deadline for expunging a criminal record and removing information from the Ministry of Internal Affairs database
Hello!, my name is Stas!, I was convicted in 2006 for robbery under Article 162.2.
, according to 2 episodes!, they didn’t take me to work anywhere!, I got a job at a construction site through a friend!, they didn’t take government jobs, even private ones were deaf! I have a question: When will my criminal record be expunged? and the second question: Will my file be removed from the Archives? and the third question: after that, when I get a job, they will let me through normally!, or the Security Service will again deny me!, at a normal job, like normal people!, or So everything remains, and this is repayment, and the archive is chatter?, Please answer my three questions!, I’ll wait! Stas, Moscow
expungement of criminal record
Lawyer: Alexey Drozdov
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The rules for expunging a criminal record are determined by Article 86 of the Criminal Code of the Russian Federation. For a particularly serious article, the expungement period is 10 years after release.
Article 86. Criminal Code of the Russian Federation Criminal record
1. A person convicted of committing a crime is considered to have a criminal record from the day the court’s conviction enters into legal force until the criminal record is expunged or removed. A criminal record in accordance with this Code is taken into account in case of recidivism of crimes, imposition of punishment and entails other legal consequences in cases and in the manner established by federal laws.
(as amended by Federal Law dated April 6, 2011 N 66-FZ)
ConsultantPlus: note.
On the application of the second part of Article 86, see Resolution of the Constitutional Court of the Russian Federation of March 19, 2003 N 3-P.
2. A person released from punishment is considered to have no criminal record.
3. A criminal record is expunged:
a) in relation to persons on probation - after the expiration of the probationary period;
b) in relation to persons sentenced to more lenient punishments than imprisonment - after one year after serving or executing the sentence;
(as amended by Federal Law dated December 8, 2003 N 162-FZ)
c) in relation to persons sentenced to imprisonment for crimes of minor or medium gravity - after three years after serving the sentence;
d) in relation to persons sentenced to imprisonment for serious crimes - after eight years after serving the sentence;
(as amended by Federal Law dated July 23, 2013 N 218-FZ)
e) in relation to persons convicted of especially serious crimes - after ten years after serving the sentence.
(as amended by Federal Law dated July 23, 2013 N 218-FZ)
4. If a convicted person, in accordance with the procedure established by law, was released early from serving a sentence or the unserved part of the sentence was replaced with a milder type of punishment, then the period for expunging the criminal record is calculated based on the actually served term of the sentence from the moment of release from serving the main and additional types of punishment.
5. If the convicted person, after serving his sentence, behaved impeccably and also compensated for the damage caused by the crime, then, at his request, the court may remove his criminal record before the expiration of the criminal record expires.
(as amended by Federal Law dated December 28, 2013 N 432-FZ)
ConsultantPlus: note.
The provisions of part six of Article 86 and subparagraph “a” of paragraph 3.2 of Article 4 of the Federal Law of June 12, 2002 N 67-FZ, in their interrelation, are recognized as not contradicting the Constitution of the Russian Federation, since - according to the constitutional and legal meaning of these provisions in the system of current legal regulation - it is assumed that that the terms of restrictions on passive suffrage introduced by federal law, as a general rule, should be established in accordance with the differentiation of terms of criminal record provided for by the Criminal Code of the Russian Federation. In exceptional cases, for certain grave and especially grave crimes, based on the increased degree of their social danger, federal law may introduce restrictions on passive voting rights for longer periods - in compliance with the constitutional criteria of proportionality and necessity. (Resolution of the Constitutional Court of the Russian Federation dated October 10, 2013 N 20-P).
6. Expungement or removal of a criminal record cancels all legal consequences associated with a criminal record.
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Lawyer: Andrey Zolotarev
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Hello! I will add to the previous answer that the criminal record will be expunged, but the information that you were prosecuted will remain in the Ministry of Internal Affairs database.
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Lawyer: Maria Mukhutdinova
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Good evening! Information about your criminal record will be stored in the information center database and every time you apply for a certificate of the presence/absence of a criminal record, all your criminal records will be indicated.
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What documents are needed to clear a criminal record for an accident that occurred 6 years ago?
Hello, please tell me what documents the court needs to clear a criminal record of an accident?
The accident happened more than 6 years ago. Egor, Samara
expungement of criminal record
Lawyer: Ilya Kostromov
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What documents are needed to clear a criminal record for an accident that occurred 6 years ago? Hello, please tell me what documents the court needs to clear a criminal record of an accident? The accident happened more than 6 years ago. Egor
Egor,
But what, the criminal record has not yet been expunged, since it needs to be expunged through the court? When was the verdict handed down and what punishment was imposed? According to what part of Art. 264 of the Criminal Code of the Russian Federation, has a citizen been convicted?
Please clarify.
The documents required for early expungement of a criminal record are production and household characteristics and a recommendation from the Penal Institution, if there was a probationary period and control was carried out. If the composition of the family has changed (a child was born), attaching a copy of the birth certificate will not be superfluous.
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Lawyer: Vladimir Muravlev
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Hello.
According to Art. 86. Criminal Code of the Russian Federation
2. A person released from punishment is considered to have no criminal record.
3. A criminal record is expunged: a) in relation to persons on probation - upon expiration of the probationary period;
b) in relation to persons sentenced to more lenient punishments than imprisonment - after one year after serving or executing the sentence; (as amended by Federal Law No. 162-FZ of December 8, 2003) c) in relation to persons sentenced to imprisonment for crimes of minor or moderate gravity - after three years after serving the sentence; d) in relation to persons sentenced to imprisonment for serious crimes - after eight years after serving the sentence; (as amended by Federal Law No. 218-FZ of July 23, 2013) e) in relation to persons convicted of especially serious crimes - after ten years after serving the sentence. (as amended by Federal Law No. 218-FZ of July 23, 2013) 5. If the convicted person, after serving his sentence, behaved impeccably and also compensated for the damage caused by the crime, then, at his request, the court may expunge his criminal record before the expiration of the criminal record. (as amended by Federal Law No. 432-FZ of December 28, 2013) 6. Expungement or expungement of a criminal record cancels all legal consequences provided for by this Code associated with a criminal record.
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Expungement and removal of a criminal record for a convicted person under Article 228 Part 2
Hello.
Please tell me. Convicted under Article 228, Part 2. Given four years probation. I go to the UIN and check in as required. More than a year has already passed. Can I file a petition with the court to expunge and remove a criminal record? Thank you for your reply. Alexander, Bryansk
expungement of criminal record
Lawyer: Andrey Dogadin
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A suspended sentence can only be “removed” after half the probation period. If there are no violations, ask the inspector to file a corresponding petition in court. This is within his competence; you cannot apply on your own.
Article 74. Cancellation of a conditional sentence or extension of the probationary period [Criminal Code] [Chapter 10] [Article 74] 1. If, before the expiration of the probationary period, the conditionally convicted person proved his correction by his behavior, compensated for the damage (in whole or in part) caused by the crime in the amount determined by a court decision, the court, on the proposal of the body exercising control over the behavior of the conditionally convicted person, may decide to cancel the conditional sentence and remove the convicted person’s criminal record. In this case, the suspended sentence may be revoked after the expiration of at least half of the established probationary period.
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Examples of calculating terms for expunging a criminal record
Calculation of the expiration period for a criminal record after serving a full sentence of imprisonment
V. was sentenced to 3 years in prison for committing a crime under paragraph “a” of Part 3 of Art. 158 of the Criminal Code of the Russian Federation. Released on July 15, 2021 after serving his sentence. This crime belongs to the category of grave crimes (Part 4 of Article 15 of the Criminal Code of the Russian Federation).
Consequently, V.’s criminal record will be expunged 8 years after his release, that is, 07/15/2029.
Thus, as of July 15, 2029, V. will no longer be considered criminal.
Calculation of the expiration period for a criminal record with parole
V. was sentenced to 5 years in prison for committing a crime under Part 2 of Art. 162 of the Criminal Code of the Russian Federation. Released on 06/02/2021 on parole for 1 year and 2 months.
The crime under Part 2 of Art. 162 of the Criminal Code of the Russian Federation – grave (Part 4 of Article 15 of the Criminal Code of the Russian Federation). The expiration period for a criminal record is 8 years.
According to Part 4 of Art. 86 of the Criminal Code of the Russian Federation, the expiration period for a criminal record is calculated from the moment of actual release. That is, from 06/02/2021. The length of the unserved part of the sentence does not matter.
Thus, V.’s criminal record will be expunged on 06/02/2029.
Calculation of the expiration period of a criminal record under conditional sentence
07/12/2021 V. was convicted of committing a crime under paragraph “b” of Part 2 of Art. 158 of the Criminal Code of the Russian Federation to 2 years of imprisonment with a probationary period of 3 years.
A suspended conviction is extinguished upon expiration of the probationary period. The probationary period for V. will expire on July 12, 2024. At the same time, your criminal record will be expunged.
Thus, V.’s criminal record will be expunged on July 12, 2024.
Calculation of the expiration period of a criminal record in the presence of an additional punishment
V. was convicted of committing a crime under Part 3 of Art. 264 of the Criminal Code of the Russian Federation to 3 years in prison with deprivation of the right to drive a vehicle for a period of 3 years. V. was released from prison on July 12, 2021 after serving his sentence.
In this case, the period for expunging a criminal record begins to run from the moment the additional punishment is served - deprivation of the right to drive a vehicle.
According to Part 3 of Art. 47 of the Criminal Code of the Russian Federation, the period of additional punishment in the form of deprivation of the right to engage in certain activities in this case is calculated from the moment the main sentence is served.
We consider: V. was released on July 12, 2021. From this moment, 3 years of deprivation of a driver's license begin to run. Expires 07/12/2024.
Therefore, the expiration period for a criminal record must be calculated from 07/12/2024. Part 3 art. 264 of the Criminal Code of the Russian Federation - a crime of moderate gravity (Part 3 of Article 15 of the Criminal Code of the Russian Federation), conviction is expunged after 3 years.
Thus, V.’s criminal record will be expunged on July 12, 2027.
Calculation of the period for expiration of a criminal record when imposing a fine
05/13/2021 V. was convicted under Part 1 of Art. 158 of the Criminal Code of the Russian Federation to a fine of 30,000 rubles.
05/25/2021 V. paid the fine in full.
For those sentenced to a more lenient punishment than imprisonment, the criminal record is expunged one year after the execution of the sentence. The punishment was executed at the time of payment of the fine, that is, 05/25/2021.
Thus, V.’s criminal record will be expunged on May 25, 2022.
