The removal of a criminal record through the court is carried out in cases where a person who has already served his sentence wants to be freed from such a specific status before the established period. However, the procedure can only be carried out if a number of conditions are met. If the court meets the applicant halfway and grants the petition, then the legal consequences of the criminal record will be completely annulled. It is true that information that a person has previously served time for a particular crime will, one way or another, be stored in the information database of the Ministry of Internal Affairs. And on an indefinite basis.
The concept of “criminal record”: general information
They talk about a criminal record in cases where a citizen is sentenced to some kind of punishment for committing certain actions that contradict the tenets of the law. According to paragraph 86 of the Criminal Code of the Russian Federation, a person is considered convicted from the moment the relevant authority announces the verdict, or more precisely, from the day the document gains legal force.
Interestingly, a criminal record is not automatically expunged after the period of punishment ends. To completely get rid of this status, you will need to wait more than one year. In this case, the countdown begins precisely from the moment of the official end of the sentence.
At the same time, the presence of an outstanding criminal record entails a number of consequences. First of all, the fact of committing certain illegal actions in the past leaves a rather serious imprint on the entire human life. Most often, society looks at such a citizen with disapproval.
In addition, the factor of an unsealed criminal record is taken into account in case of recidivism, in other words, repeated commission of a crime. And also this point must be taken into account when the next sanctions are imposed for illegal actions. In this case, the preventive measure will be more stringent, and the person will no longer be able to count on an amnesty.
Under what conditions does a citizen not acquire the status of a convicted person?
- Guilt was proven, but no punishment was imposed in court for the following reasons:
- due to the expiration of the statute of limitations for issuing punishment for this offense;
- avoidance of punishment under amnesty;
- the age of the defendant is under 18 years when committing a crime of minor gravity;
- Persons who are exempt from punishment:
- when circumstances change, when the crime committed loses its social danger. For example, if a citizen who does not have an official permit to provide medical care in a private medical practice causes harm to a person’s health through negligence. Moreover, the permission he received occurred before the sentencing, so the content of the crime loses its force and is transferred to the rank of offenses under the Administrative Code. In connection with all these circumstances, the court exempts the citizen from punishment under the Criminal Code;
- recognition of the fact of mental incapacity or the presence of another serious somatic illness that manifested itself after the fact of the crime committed. If an improvement in well-being has occurred, and the term of the charge has not yet expired, a penalty will be applied to the convicted person in accordance with the article of the Criminal Code, that is, he will be officially found guilty. After this, the expungement or expungement of a criminal record is carried out in accordance with the general procedure;
- upon receipt of a deferment on the imposition of a penalty if the offender has children under the age of 14 years. We are talking about the category of persons, the list of which is presented in Art. 82 of the Criminal Code: pregnant women; persons raising children under 14 years of age without a spouse (single fathers and mothers).
This is not a complete list of reasons that constitute grounds for avoiding punishment. In each individual case, a decision can only be made in court.
Deadlines for expunging a criminal record by law
A criminal record can only be expunged in full on the basis of the provisions of the law.
Moreover, everything depends on the severity of the offense committed. Clause 3 of paragraph 86 of the Criminal Code of the Russian Federation specifies the following deadlines for the official expungement of a criminal record:
- 12 months for citizens who received a more lenient punishment than imprisonment. Here we are talking about correctional work or compulsory activities.
- 3 years after the expiration of the punishment period for persons who have committed acts of moderate or minor severity. This includes punishment of up to 2 years (minor severity) and up to 5 years (moderate severity).
- 8 years, if we are talking about citizens whose crimes are characterized as serious. For example, major thefts, fraud, battery causing serious damage to health.
- 10 years for persons who have committed particularly serious criminal acts. Here we are talking about murder, sale of narcotic substances, causing lethal injuries, etc.
For minors who have committed a crime, the period for expunging a criminal record is reduced. The rule is established by Article 95 of the Criminal Code.
In this case, the person will not be considered convicted after the following period:
- 6 months after completion of the imposed sentence, if we are not talking about actual imprisonment;
- 12 months, for persons who have committed criminal acts of minor or medium severity;
- 3 years after completion of the punishment established for committing a crime, the category of which is characterized as grave or extremely grave.
But when we are talking about a suspended sentence, in other words, when a person is not deprived of freedom, but certain sanctions are applied to him, here the criminal record is expunged at the end of the probationary period.
What is considered a criminal record and what legal consequences do a criminal record entail?
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.
Consequences are considered as educational measures for the convicted person; they help in correction. Sometimes the punishment of the guilty person, “softened” by a suspended sentence, is replaced with a harsh sentence.
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.
Is it possible to have a criminal record expunged early?
A criminal record, one way or another, entails a number of certain negative consequences. For example, many structures refuse to hire people who have previously served a sentence. In a sense, such a past leaves an imprint on a person’s entire life, even if he has long since repented.
Therefore, in some cases, it is possible to remove a criminal record after serving a sentence early through the court. It’s true that you can’t just carry out the procedure like that. It will be necessary to prove that the person is worthy of having his status revoked earlier than expected.
The applicant will need to meet the following requirements:
- do not violate the norms of public order, do not get involved;
- conduct a successful work activity;
- repent of committing a crime;
- fully compensate for the damage caused to the victim (if this was stipulated by the verdict);
- do not miss the date of appearance at the Penitentiary Inspectorate (Criminal Execution Inspectorate).
When considering the issue, the court will take into account all the characteristics of the behavior of the former convict. If a citizen has not been involved in dubious matters, behaved impeccably, and regularly complied with the requirements of the law, then the court will grant the petition and the criminal record will be expunged ahead of schedule.
The need to submit a certificate
The issue of submitting a certificate of the presence (absence) of a criminal record arises when a citizen is employed. In accordance with current labor legislation, the employer has the right to require the presentation of the above certificate in case of employment for a position that involves:
- pedagogical activity;
- activities in the field of education, upbringing, development of minors.
Federal laws also provide for restrictions on hiring in certain areas if a person has an expunged criminal record.
For example, a person who has previously had a criminal conviction may be refused employment in the Federal Security Service, customs and judicial authorities and other related areas.
The employer does not have the right to require a certificate if employment for a position does not require the above conditions. But he may ask to provide this information when considering a candidate for a financially responsible position.
However, if you are an employer yourself, then the law does not prohibit you from requesting such a certificate from a candidate for a position.
For your own peace of mind, it is advisable not to neglect this opportunity .
Step-by-step algorithm of actions
To have a criminal record annulled early, a person will need to file a petition with the court. Moreover, jurisdiction depends on the severity of the crime. Expungement of convictions for minor offenses is considered by magistrates. But if the request is submitted by a person who has committed theft, robbery, and even more so murder, you should contact the district court at your place of residence.
The general algorithm of the applicant’s actions will be as follows:
- prepare a petition;
- collect documents;
- submit the papers to the judicial authorities.
After receiving the documents, a hearing is scheduled, where, on the basis of Article 400 of the Code of Criminal Procedure, in addition to an oral explanation from the previously convicted person, other interested parties, as well as the prosecutor, if present, can be heard. Be sure to study all the provided characteristics. After which the decision made is announced.
If the court satisfies the request with an appropriate ruling, the document is forwarded to the Criminal Investigation Department and the criminal record is canceled before the due date. In this case, the person is no longer obliged to mention such a fact in his biography, because officially he is not considered to have been prosecuted.
Legal restrictions on criminal status
The fact of a criminal record provides for certain conditions and restrictions in the criminal and general legal and penal sense. This status of a citizen is taken into account when assessing repeated criminal acts under the same article. Then the punishment will be more serious. Also, the status of a convicted person limits a citizen’s rights to engage in certain types of professional activity, to occupy important positions and positions (judicial or customs authorities, prosecutor’s office, etc.), as well as the right to obtain citizenship, guardianship rights, the possibility of adoption, etc. An outstanding criminal record deprives opportunity to leave your country.
Documentary base
The package of papers, first of all, includes a petition to expunge a criminal record. The form has a standard form and is filled out directly by the submitter. Here you should definitely indicate the grounds for early liquidation of the status and the rationale for your position along with specific arguments.
The following is attached to the application:
- passport;
- a copy of the verdict;
- certificate of execution or completion of the sentence;
- all kinds of characteristics - from the local police officer, from the place of work, from relatives, from neighbors, from the place of study;
- payment documents indicating the fact of compensation for damage caused to victims;
- copies of a marriage certificate, birth of a child, as a factor proving the conduct of a respectable family life;
- an extract indicating the availability of a place of permanent residence.
Also, the package of documents can be supplemented with other papers indicating the impeccable behavior of the former convict. These may be reviews from public organizations where the person is a member. Or, for example, official thanks.
Contents of the application
According to the law, there is no universal form for filing a petition to expunge a criminal record. In general, it should include some general information:
- information about the applicant, registration address, contact phone number;
- address and details of the place where the sentence is served;
- article of the crime committed;
- a note about impeccable behavior on the part of the convicted person from the time the verdict was announced;
- arguments and conditions under which a court decision can be made in favor of the author of the petition. This could be the start of studies at an educational institution or work, registration of marriage, the birth of a child, the presence of a serious somatic illness, etc.;
- a clearly formulated text of the petition itself for the possibility of expunging a criminal record;
- list of additionally attached documents;
- date of filing the application, signature of the author.
Sample petition to expunge a criminal record.doc
Deadline for going to court
Of course, filing a petition with the court immediately after serving or executing a sentence will not work. Some time must pass so that subsequently the highest authority can be convinced that the person is no longer inclined to commit offenses.
There are no clear deadlines here, but by default the following framework is used:
- half of the probationary period established by the judicial authority for suspended prisoners;
- six months from the expiration of a sentence not related to actual imprisonment;
- 1.5 years, if the period of imprisonment is 5 years, but not more;
- 4 years for cases where the term is from 5 to 10 years;
- minimum 5 years if the person has served a sentence of more than 10 years.
However, despite the fact that in this case the timing plays a fairly large role, first of all, the fact of correction and repentance must be proven. A criminal record will be cleared ahead of schedule only when the court is convinced of this and there is no doubt left in it that the citizen has realized his mistakes and does not intend to return to his former life.
If the application is rejected, the person can apply again with a similar request. But you can make another attempt only after 12 months.
Conditions under which a request to expunge a criminal record is granted
There is a high probability that the judge will expunge the criminal record ahead of the term imposed by the court verdict under the following conditions:
- if the convicted person was sentenced to a suspended measure of restraint in the form of imprisonment,
- when serving more than half of the sentence imposed by the court,
- if the convicted person confirms with his achievements moral correction. This includes responsible behavior, full compensation for all damage caused to persons injured as a result of his crime, as well as the complete absence of misconduct.
It is noteworthy that the convicted person’s own initiative to submit a petition to the court is quite rare. Apparently, this proves that there is a narrow understanding of what the difference is between an expunged and expunged criminal record in the Russian Federation.
