Today it is possible to remove information about a criminal record from the Ministry of Internal Affairs database, but an ordinary citizen rarely knows exactly how to do this. And the presence of past mistakes can seriously poison people’s lives, even if they have already been punished for them and thus atone for their guilt. Most often, problems arise if a person wants to get a job, and the employer wants to check him for a criminal record. Trying to obtain a weapons license, obtaining a loan or a visa to travel to another country can also become problematic.
If previously it was possible to find out about a criminal record by simply opening a person’s passport, where a special mark was placed that was difficult to remove, today this practice has changed. Information is indicated exclusively in the official database of the Ministry of Internal Affairs, and this information can be obtained if the database in question is opened and the person’s last name is entered. Typically, such a check is carried out by employers who hire a person for a position with fairly high responsibility. Since a person with a criminal record cannot occupy certain positions, information about her cannot be removed.
Sometimes the job application form asks whether the applicant has a criminal record. This is the maximum that an employer can do, since without the employee’s written consent, he cannot search for information about a criminal record in the Ministry of Internal Affairs database. But the applicant himself can indicate whether he was convicted or not, as well as whether all encumbrances were removed from him.
What restrictions does a criminal record impose in 2022?
Information about a criminal record is confidential, but it cannot be said that it does not impose certain restrictions on a citizen. In particular, this concerns his activities. Including labor.
For example, if a person has a criminal record, he cannot work in any position in a government agency unless it is removed from him. The list of “prohibited” organizations includes the mayor’s office, the cadastre and more. Also, such an employee will not be welcome in law enforcement agencies such as the Ministry of Internal Affairs, the FSB, various security companies, and the courts. Some organizations, enterprises and others may not accept an employee with a criminal record. For example, in children's educational institutions, development centers where work with children and adolescents is required.
There are also limitations in terms of training. In particular, former convicts will not be able to obtain an education at law faculties and a number of universities. The chances of getting a position in the army or buying/storing weapons are significantly limited (legally purchasing even a small pistol will become an almost impossible task).
The movement of a person with a criminal record is also significantly limited, not only to other countries on a visa, but even within Russia. This is why many people want to expunge or annul their criminal record, because even at first glance, it seems that the restrictions are not critical, they make life much more difficult. Especially when applying for a job.
Negative consequences of a criminal record
The negative aspects of a criminal record include:
- it is taken into account in cases of repeated commission of a crime when assigning punishment and selected punishment measures;
- also the impossibility of parole, even with the most excellent behavior and conscientious attitude to work in places of serving a sentence.
In addition, it is difficult to call the unspoken attitude towards persons who have a criminal record in the outside world friendly. Although the law does not state anywhere that persons who have been convicted cannot hold certain positions, very often employers are interested in information about their criminal record.
And, although the presence of a criminal record will not be a direct refusal to hire, a person will find a lot of reasons why he cannot be hired.
Persons with a criminal record, as a matter of course, cannot work in law enforcement, investigative and judicial bodies. In addition, they are unlikely to be able to get a job related to child care institutions or banking organizations.
And in general, few people want to have an employee who was convicted under criminal articles of the law and served a sentence in places of imprisonment or restriction of freedom. Therefore, before you cross the line of the law voluntarily and consciously, it is worth thinking about all the ensuing consequences in the future, and the immediate consequences of a criminal record.
Cancellation of a criminal record
Information about a criminal record can be canceled because it is temporary, but it will not be possible to remove the mark. The legal consequences of a criminal record are also not lifelong, but there is a period during which the designated restrictions still continue to affect a person’s life. As soon as this period ends, the criminal record is annulled, and all critical factors cease to apply.
The law clearly states how a criminal record can be terminated. To familiarize yourself with these conditions, open Article 86 of the Criminal Code of the Russian Federation. It states that a criminal record can be terminated if it is expunged or if it is withdrawn.
If everything is more or less clear with repayment, since it occurs automatically and there is no need to go to court, then with annulment it is not so simple. The timing of annulment depends on several factors, but the most important is the severity of the offense committed by the person:
- in the case of a suspended sentence, the restriction is lifted when the probationary period expires;
- if the crime committed was of minor or moderate gravity - after three years, starting from the day the sentence ends;
- if the crime was of a serious nature, the criminal record will be removed 8 years from the date the punishment ended;
- If a person has served a sentence for a particularly serious crime, the criminal record is valid for 10 years.
The expungement of a criminal record means that any legal consequences for the crime committed cease to apply. But a criminal record can only be cleared in court if the authority makes an appropriate decision. As for the minimum terms for expunging a criminal record, this is an open question. Even encumbrances are not allowed to completely remove information about the fact of a criminal record - the database will contain this information.
Second commentary to Art. 86 of the Criminal Code of the Russian Federation
1. The criminal legal significance of a criminal record for a convicted person arises only when he commits a new crime. This meaning appears as follows:
1) a criminal record is taken into account as an aggravating circumstance (in case of repeat crimes - clause “a”, part 1, article 63 of the Criminal Code);
2) entails a special procedure for imposing punishment in case of recidivism, dangerous and especially dangerous recidivism (Article 68 of the Criminal Code);
3) serves as an obstacle to the release of a person from criminal liability and punishment (Part 1 of Article 75, Article 76, 801 of the Criminal Code);
4) a conviction for crimes of a certain category (serious and especially serious) increases the amount of time actually served by the convicted person to resolve the issue of his parole (clauses “b” and “c”, part 3 of article 79 of the Criminal Code);
5) a conviction for a crime of a certain gravity (minor gravity, moderate gravity, grave and especially grave) affects the calculation of the statute of limitations for a conviction (Part 1 of Article 83 of the Criminal Code);
6) conviction for a crime of a certain category influences the court’s choice of the type of correctional institution for a person to serve the assigned sentence (Article 58 of the Criminal Code).
2. A criminal record gives rise to both general legal and general social consequences that are unfavorable for the convicted person. Firstly, a person’s criminal record may be an obstacle to holding certain positions (for example, prosecutors, investigators, judges, etc.). Persons convicted, for example, of mercenary crimes are not allowed to occupy positions related to the management of material assets. Secondly, control is established over certain categories of convicted persons by the internal affairs bodies (Article 183 of the Penal Code).
3. The state of criminal record lasts for a certain time, which is regulated by Art. 86 of the Criminal Code of the Russian Federation. In accordance with it, a person convicted of committing a crime is considered to have a criminal record from the day the conviction comes into force until the criminal record is expunged or removed.
4. In accordance with Part 2 of Art. 86 of the Criminal Code, a person released from punishment for a crime committed is considered to have no criminal record.
5. The law provides for two ways to terminate a criminal record: expungement and expungement.
6. Expungement of a criminal record means the automatic termination of its validity (its criminal legal consequences) after the expiration of the period established by criminal law, that is, without a special court decision on this issue (Parts 3 and Part 4 of Article 86 of the Criminal Code).
7. Expungement of a criminal record means the cessation of this condition before the expiration of the statutory expiration dates for a criminal record. Since, according to the current Criminal Code of the Russian Federation, the expiration of the terms expunges the criminal record of any person, regardless of the severity of the crime, type and amount of punishment, the expungement of a criminal record by a court can only be done early.
Procedure for entering information about a criminal record in the Ministry of Internal Affairs database
To enter information about a criminal record into the Ministry of Internal Affairs database, you must accept legal conditions. They say that only a limited number of people can enter information into the common database, as well as remove this information. This list includes investigators, interrogators and prosecutors, provided that the accusation is proven.
In order for criminal record data to be included in the general database, those responsible for entering it must follow a special algorithm, according to which, first of all, a criminal case must be initiated. It can only be initiated by an official. After this, the investigator has 24 hours to transfer information about the case to the registration and accounting department. From there, information about the crime committed must be sent to the information center department. The task of the information center is to transfer statistics on offenses per day to the SIAC.
It is important to note that there are several types of information centers, depending on the type of offense being dealt with.
Application details
If a person nevertheless decides to go to court, he will definitely have to fill out a claim. Moreover, there should be important information that is necessary for conducting business. Let's figure out what exactly should be written.
Requisites:
- Information about the plaintiff, as well as information from the judicial authority.
- Reasons for removing a mark from the database.
- Request to remove information.
- Legal basis for the position.
- Arguments on which a positive decision must be made.
- List of attached documents.
- Date of filing the claim and signature.
All that remains is to take the petition to the court and wait for it to be considered. After this, you will have to act depending on the decision received. If a person does not agree with the answer, then it will be possible to challenge it legally.
How to find out about a criminal record by last name in the Ministry of Internal Affairs database
It is possible to obtain information about a criminal record from the Ministry of Internal Affairs database using the defendant’s last name. This is exactly what employers use when they want to minimize the risk that the employee they hired was dishonest and broke the law. Especially if the position is responsible and the risks are really serious. Also in business they often try to check the biography of a future partner. Especially if this is a new person and he does not have an established reputation, but long-term business relationships are planned.
But keep in mind that, according to modern legislation, obtaining the information in question is impossible unless you involve a specialist who has the right to make such requests. Since the information in the GIAC RF database is used only for internal purposes, access to it by outsiders is limited. More precisely, it is even impossible. But law enforcement officers can easily obtain the information in question.
State employees can request information from the database. and muniz. organizations where convicts from whom the burdens could not be removed do not have the right to work. Organizations that issue weapons licenses or issue visas can also provide a request. According to the law, they not only “can,” but “must” check whether the person contacting them has a criminal record. And if there is a criminal record, such a person will be denied his request, whether it is an attempt to get a position or obtain a visa.
If a request is made by the head of an organization that is not included in the list of designated bodies, the database will not respond, even if the criminal record has been removed. The Ministry closes this information from civilians, except in situations where the request is made by a person with a criminal record.
The only way to get information without breaking the law is to ask the employee himself. Of course, not all people tell the truth when asked such a question, and some try to illegally remove the mark. If the employer is not sure of the veracity of a person’s words, he has the right to request from the employee a certificate of no criminal record. Since this information cannot be deleted, the certificate will reflect the employee’s status.
You can request a criminal record certificate by last name on the Internet . But keep in mind that it is advisable to make the request on official resources, where it is impossible to delete data from the database. Government agencies have their own websites, and only there you can get true information. This check is free. If a third-party site offers to perform work on a request for information for a fee, they are most likely scammers.
Of course, a person with a criminal record can try to get away from the moment it exists, and theoretically this is quite possible. For example, a popular scheme is to try to change your personal data, since removing a criminal record itself is not so easy. People contact the registry office and submit an application to change their personal data. After this, if you make a request taking into account your new full name, your criminal record will not be confirmed.
But the scheme will be revealed if the personnel department of government agencies submits an application to the Ministry of Internal Affairs. Then they will give out information both about your criminal record and about the change of personal identification information that the database has saved. Therefore, if an ordinary employer is interested in obtaining information, he needs to require not only a criminal record certificate, but also documents on the change of data. Then the employee must bring a certificate for both details.
Concept of criminal record
According to Part 1 of Art. 86 of the Criminal Code of the Russian Federation, a person convicted of committing a crime is considered to have a criminal record from the day the conviction comes into force until the criminal record is expunged and removed.
There is no legal definition of a criminal record. The literature offers its scientific definitions, but a uniform understanding of criminal record has not been achieved. Thus, it is often accepted that a criminal record “is such a legal status of a person created by the fact of his conviction ... by a court to a certain degree of punishment for a crime he has committed, which, in cases provided for by law, can be expressed in the occurrence for this person of certain consequences of criminal law and of a general legal nature." A similar approach is essentially followed by modern authors, who consider criminal record to be the legal status (position) of a person found guilty of committing a crime by a court and sentenced to criminal punishment. There is also an opinion that a criminal record is a criminal law consequence of being sentenced to punishment, which determines the special legal status of such a person. Quite often, a criminal record is considered as a formally established fact, evidence of the conviction and punishment of the person who committed the crime.
Thus, the proposed definitions of the concept of criminal record usually include the following features: a) criminal record is generated by the fact of conviction of the person who committed the crime; b) its official confirmation and the basis for the occurrence of a criminal record is a court conviction with the imposition of punishment; c) a criminal record is a criminal legal consequence of such a conviction, causing (determining) the special legal status (condition) of the convicted person.
The Resolution of the Constitutional Court of the Russian Federation of March 19, 2003 No. 3-P sets out its own, in the form of a legal position, idea of a criminal record. It is based on the previously mentioned signs, is called the legal status of a person and is distinguished by an indication that a criminal record gives rise to special public legal relations between the convicted person and the state, which are formed on the basis of criminal legal regulation.
A criminal record is indeed a complex socio-legal phenomenon, which is often considered as a special (complex, intersectoral) legal institution. It can be characterized both from the social and from the actual legal aspects.
In the social sense, the presence of a criminal record is official evidence that the convict against whom a sentence has been passed has a significant, relatively high level of social danger. This circumstance presupposes the establishment of certain measures of social control over this person, as well as strengthening measures of social responsibility (in the form of criminal liability) in the event of a repetition of criminal attacks. It should be emphasized that the social aspect of a criminal record is much broader than its criminal legal and general legal significance.
In legal (legal) terms, a criminal record acts primarily as a criminal law consequence of convicting a person for a crime. It becomes one of the components of criminal liability when the fact of conviction of a criminal manifests itself in a certain procedural form - a guilty verdict with the imposition of punishment. A person released from punishment is considered to have no criminal record (Part 2 of Article 86 of the Criminal Code of the Russian Federation). Therefore, a criminal record is rightly considered in theory as a form of implementation of criminal liability. “Having arisen from the moment of conviction,” write N.M. Kropachev and V.S. Prokhorov, “criminal liability ceases at the moment the criminal record expires, and at the same time the obligation to answer for what was done disappears.” Criminal liability can also be exercised outside the framework of a criminal record. The Plenum of the Supreme Court of the USSR, in a resolution dated March 18, 1970 “On the calculation of terms for expunging a criminal record,” explained that when a conviction is made without imposing punishment, as well as in connection with the release of a convicted person from punishment by virtue of an amnesty act or due to the expiration of the statute of limitations the perpetrator, as having not served his sentence, is recognized as having no criminal record, regardless of the duration of pre-trial detention.
Thus, a criminal record is associated with punishment in the sense that it arises only in connection with the conviction of a person to punishment. However, this dependence is not absolute: a criminal record continues to take place (exist) even after the sentence has been served until it is annulled by expungement or withdrawal. In other words, a criminal record as a special form of implementation of criminal liability is relatively independent.
Thus, a criminal record, being a criminal legal consequence of convicting a person to a certain punishment, exists in two time periods: 1) from the moment the sentence enters into legal force and until the serving (execution) of the punishment (or until the expiration of the probationary period - in relation to persons on probation -convicts); 2) after the implementation of the punishment until the criminal record is annulled by expungement or removal. Therefore, a criminal record is sometimes referred to as a state of condemnation, unfolded over time, in dynamics. Throughout this (sometimes quite long) period of time, the convicted person (or who has served his sentence) is under the influence of a criminal record, in its “mode”. Obviously, for this reason, a criminal record is often referred to as a “legal status,” although this approach is controversial.
A criminal record can hardly be considered as a legal status or a special legal status (status) of a convicted person or a person who has served his sentence. It is a factor influencing the legal status (status) of these persons, a special, independent element (component) included in the content of this status.
In a social sense, a criminal record is a burden that has a negative impact on a person’s position in society.
In law, such encumbrances take on the form of legal restrictions, which represent exceptions from the general legal status of a citizen.
For a person serving a sentence, most of this kind of “exemption” is a set of legal restrictions that form the content of the punishment itself. Along with them, there is also a criminal record. The criminal liability of a person who has served his sentence is realized only in the form of a criminal record as official (legal) evidence of the person’s conviction to punishment. Its onerous nature lies in the fact that it entails legal consequences in cases and in the manner established by federal laws (Part 1 of Article 86 of the Criminal Code of the Russian Federation).
Thus, a criminal record is a criminal legal consequence of convicting a person to punishment and an independent form of implementation of criminal liability. Its presence represents a special legal restrictive element of the legal status of the person sentenced to punishment. The social and legal consequences of a criminal record are associated with its existence, but are not included in the content of the criminal record itself.
This approach allows us to formulate a definition of a criminal record.
A criminal record is a criminal legal burden, which is an element of the legal status of a person convicted of committing a crime to a certain punishment and entails negative legal consequences for him in cases and in the manner established by federal law.
Obtaining a criminal record certificate through the Ministry of Internal Affairs website
Requesting information about criminal records on the platform of the Ministry of Internal Affairs is possible only for citizens who want to receive this information about themselves. In addition to information via the Internet database, he can make do with a personal request at the information center of the Ministry of Internal Affairs.
You can also make requests through the State Services portal using a personal account, thanks to which a common database will open and it will be possible to clarify the presence of a criminal record. In this case, it is not necessary to create an account on the official website of the Ministry of Internal Affairs of the Russian Federation. The website of the Ministry of Internal Affairs only shows information that a person has no criminal record (or if it has been removed), and here you can also find information about people who are currently wanted. Simply enter their full name and date of birth (to exclude full namesakes).
Checking your criminal record through the court website
Information on criminal records is presented in the database of judicial authorities. To receive it, you must have the person’s passport details, as well as know at what address this person is registered. Go to the website of your local court of general jurisdiction and open the “Case Management” tab. Enter the available data, and if a lawsuit has been opened against the person, there will be information about this.
Calculation of terms for expunging a criminal record
A person who has committed a criminal offense and is serving a sentence in prison is considered to have a criminal record, both while he is in a correctional institution and when he is released within the period established by criminal law.
The calculation of the terms for expunging a criminal record depends on whether the person who served his sentence and was released again violated the law or not.
The terms for expunging a criminal record begin to be calculated from the moment the convicted person begins to serve his sentence.
It also takes into account the time when the sentence was not carried out for some reason, for example, situations where the statute of limitations had not passed. If a person is released on parole from serving a sentence for a crime due to an amnesty or exemplary behavior in places of execution, the expungement period for a criminal record begins to count from the moment he was released.
In cases where part of an unserved sentence is replaced with less severe forms, the calculation of the expungement of a criminal record begins from the moment the punishment is replaced.
For newly committed crimes, the period for expunging a criminal record is suspended and will be recalculated after a new court verdict.
Criminal record check through the Federal Bailiff Service
The website of the bailiff service will help indirectly determine whether a citizen has a criminal record. And not only with regard to criminal offenses, but also for debts or other minor offenses that are punishable by law. The local database also reflects information about the opening of enforcement proceedings. In addition, the site contains information about wanted persons and people who have problems of a criminal nature, administrative or civil nature.
