Hello, dear readers! My next article is devoted to a difficult topic - how to remove a criminal record from the database and on what grounds you can file a petition to expunge a criminal record early. Why this particular topic? The answer is simple, having a criminal record does not allow a citizen to lead a prosperous and fulfilling life, leads to frequent refusals of employment and other, more unpleasant consequences.
Once upon a time, a good friend of mine stood up for a girl and took part in a fight. As a result, he was given a two-year sentence and left prison with a record of criminal record. When he asked for help, he had to study this issue and consult with lawyers. As a result, the conviction was vacated ahead of schedule. In this article, I would like to talk about how the removal of a criminal record occurs and what a person needs to do for this.
Why is it desirable to expunge a criminal record?
A record of a criminal record for a particular person does not allow a person to lead a full life. Usually we are talking about problems with traveling to other countries, difficulties with finding employment. In addition, a criminal record can have a negative impact on a citizen’s immediate family. For this reason, many seek to remove this restriction in order to lead a normal life in the future. This issue is regulated by Article 74 of the Criminal Code of the Russian Federation.
Advice! Even if a citizen moves to another region or city, the criminal record will remain, since the database is common for all regions.
What to do if you are on probation
After the expiration of the probationary period established in the sentence, the criminal record is removed during a conditional sentence - this is a general provision established by Art. 86 of the Criminal Code of the Russian Federation. But the Criminal Code allows it to be removed before this moment, that is, ahead of schedule. The court has the right to make such a decision based on the following data: the convicted person proves by his behavior that he has realized the gravity of his offense, has repented and is ready to make amends for the consequences with action. That is, for example, if a citizen fully compensated for the harm caused, as stated in the verdict.
Two conditions must also be met:
- half of the probationary period established by the court decision must have already passed by the time the petition is filed;
- The authorities monitoring the behavior of the convicted person must present to the court a corresponding presentation on the person (in accordance with judicial practice).
This is an incentive. And when considering such an aspect as expunging a criminal record, deadlines are important, but it is much more important to prove your correction.
On what grounds can you try to remove records from the database?
Only under certain circumstances can a citizen try to have his criminal record expunged. We are talking about such moments:
- The mistake was made by officials, and the information was entered into the database by accident. The entry is deleted very quickly under such circumstances.
- An acquittal was rendered against a specific person. This is a valid reason for removing the mark of criminal prosecution.
Important! Cancellation of a suspended sentence also requires removal from the database, since the mark is made there initially and remains for many years.
The statute of limitations in criminal cases can reach 25 years, so such documents are kept for the specified period. With a criminal record, everything is even more serious, since relapses are possible. It is important to add that if someone offers to delete an entry for money, you should not believe it, because this is a fraudulent scheme.
This is not a sentence
An awkward and reckless action, an absurd set of circumstances (a miscarriage of justice also cannot be ruled out), and now a line appears in the biography that is difficult to disown.
As a rule, having informed the employer that there was a violation of the law and the court verdict has entered into legal force, one can only hear in response a categorical “You are not suitable for us.”
Nobody is interested in what article, for what, why. The phrase “has a criminal record,” even many years after these events, can prevent you from finding a job.
So what if the conviction took place in his youth, when the theft was either a joke, or they just decided to go for a ride in a car, or they tried to protect a girl and caused harm to the offender?
It seemed like years had passed since then, the problem with the law long forgotten.
Yes, there is a decrease in the number of convicts every year, but Russia still ranks first in Europe in terms of the number of prisoners.
Behind statistical figures lie the destinies of people, so these values cannot be ignored.
From a legal point of view, a criminal record is not an obstacle to employment; every refusal must be justified.
Employers, knowing this, often give an answer in a veiled form, therefore, if you want to fight for your rights, you will need legal knowledge.
The law prohibits discrimination against an employee on grounds that are not related to his or her business qualities.
Although it has been established that one can and should defend one’s rights, we understand: this requires remarkable willpower and inner core.
The second point: even if everything works out, will you want and is it worth working in such conditions, because the climate in the team and the attitude of colleagues cannot be regulated by legal norms.
General procedure for expunging a criminal record
It has already been noted that removing information from a general criminal record database is not easy. It is worth emphasizing that even an expunged criminal record does not guarantee that the record was deleted automatically. Most likely, the mark will remain, and the citizen will have to worry about eliminating this information on his own. Experienced people in this matter advise initially enlisting the support of a lawyer in order to correctly draw up a claim and win the case. The simplest option is when information is entered into the general register by mistake. Such actions violate human rights and can significantly harm his life.
Otherwise, to solve the problem, you will need to do the following:
- Contact the court with a statement of claim or a petition to expunge your criminal record (a sample can be easily found on the Internet), in which you outline the essence of the problem.
- The claim must be accompanied by documentation confirming the information provided in the appeal.
- Wait until the case is heard and the judge makes a decision.
- In case of a positive outcome, it will remain to monitor the issue of deleting information from the database.
Carrying out consistent actions will allow people who have already served their sentence to get rid of the “black” mark. It is important to use these instructions, since the Ministry of Internal Affairs does not delete information even after 25 years.
You don't have to talk about this
I collected average statistical data on punishments handed down by the courts of the Russian Federation.
A similar fate once befell my friend - at the age of 19 he helped his brother defend himself in a fight, and now two years of imprisonment turned into approximately a similar period of searching for work.
There were vacancies, but they didn’t hire for good positions with decent pay, so I had to start with the available ones.
Only after a number of years did I manage to create a friendly attitude towards myself and earn trust, which helped me move to a higher-paying job.
A pleasant appearance and well-spoken speech encourages the employer to communicate and completely rejects any references to a problematic past.
When the employer's interest is obvious, the question arises whether it is worth reporting a criminal record or whether it is better to wait, first establish yourself as a professional, and only then carefully present it.
It is difficult to advise anything here, because a person hiding such information must sensibly assess all the risks.
Naturally, not all employers have connections in law enforcement agencies and the ability to “break through the history” of a particular applicant. Here you need to clearly understand who and where you are applying for a job.
It is unlikely that when looking for a loader or driver for a small company, anyone will be seriously interested in the details - most likely, clarification will be a simple formality from the list of mandatory questions. Pay attention to the list of casinos with withdrawal of funds to a Sberbank card. Read about all the nuances in the article and only then proceed to familiarize yourself with the real version. This is a completely working option for testing your favorite slot machines. Playing online casinos for money is not as difficult as it seems.
If your criminal record has been expunged, and this biographical fact continues to cause inconvenience and ruin your life, it is possible to say goodbye to the past and have your criminal record expunged in court.
The procedure is quite simple - collect evidence that the citizen leads a law-abiding lifestyle (certificates and characteristics from the place of work, police certificates) and contact higher authorities.
What information must be included in the application?
To finally understand how to remove a criminal record from the Ministry of Internal Affairs database, it is worth paying attention to drawing up a petition. The document must contain all the important information on the case necessary to make a positive decision.
So, the application must contain the following information:
- information about the applicant and data from the judicial authority;
- reasons for removing a mark from the database;
- request to remove such information;
- legal basis for the position stated by the citizen;
- reasons to make a positive decision;
- list of documentary evidence in the form of attachments;
- date of application and signature of the applicant.
The petition is submitted to the court office, and the citizen must wait until it is considered. After this, all that remains is to enforce the decision (if it is positive) or challenge it in court.
How to remove the consequences of a conviction
It is impossible to expunge or remove a criminal record without fulfilling the following conditions:
- the punishment has already been served;
- the citizen does not violate the norms of public order, conducts successful work and is positively characterized at his place of work or residence;
- does not miss visits to the penal inspection authorities (CII);
- repents of what was done;
- strictly fulfills all obligations imposed by the sentence.
A criminal record is cleared after serving the sentence within the time limits established by the legislature. For example, three years after serving the established sentence for crimes of minor gravity. This is done at the request of a citizen.
Let's talk about drawing up an application in detail.
○ Restrictions by law: where can people with a criminal record not work?
A convicted citizen cannot work:
- With kids. “Persons who have or have had a criminal record are not allowed to work in the field of education, upbringing, development of minors, organization of their recreation and recovery, medical care, social protection and social services, in the field of children’s and youth sports, culture and art with the participation of minors. as well as those subjected to criminal prosecution” (Article 351.1 of the Labor Code of the Russian Federation).
- In the field of transport security (clause 1, part 1, article 10 of the Law “On Transport Security”).
- For the position of aviation personnel specialist (clause 3 of article 52 of the Russian Federation Air Conditions).
- In the economic sphere: “Member of the board of directors (supervisory board), member of the collegial executive body, sole executive body, head of a branch of a professional participant in the securities market, head of the internal control service, controller of a professional participant in the securities market, head of the internal audit service, official, responsible for organizing the risk management system (the head of a separate structural unit responsible for organizing the risk management system), the head of a structural unit of a credit institution created to carry out the activities of a professional participant in the securities market, or the head of a separate structural unit of a professional participant in the securities market in case of combining the above a professional participant in professional activities on the securities market" (Clause 2, Article 10.1 of the Law "On the Securities Market").
- Civil servants, including employees of the Ministry of Emergency Situations (Article 16 of Law No. 79-FZ).
- Bailiff (clause 3 of article 3 of Law No. 118-FZ).
- Prosecutor (clause 2 of article 40.1 of Law No. 2202-1).
- In the bodies of the FSB (Article 16 of Law No. 40-FZ).
- In the internal affairs bodies. According to clause 31.1 of Order of the Ministry of Internal Affairs No. 595, data on a candidate for internal affairs employees is checked in the records of various legal structures, including in the GIAC database of the Russian Federation.
- Judge (clause 2, clause 1, article 4 of Law No. 3132-1).
- Military (Article 23 of Law No. 53 Federal Law).
Through the court
To formalize the expungement of a criminal record through the court, consider the provisions of Art. 400 Code of Criminal Procedure of the Russian Federation. The review is carried out by the court of the level at which the sentence was passed (magistrate, city or district court at the place of residence of the convicted person). The presence of the convicted person is mandatory, otherwise the application will not be considered. The prosecutor has the right not to appear, but representatives of the Criminal Investigation Department must be present.
The meeting goes through the following stages:
- Oral explanations from the applicant himself.
- Presentation of written evidence, statements (recommendations, characteristics).
- Research of all data on the case.
- Hearing the opinion of the prosecutor, if present.
- Listening to the opinions of other stakeholders.
- Decision-making.
- His announcement.
If the decision is positive, then it is sent to the UII department. And if you are refused, then you will be able to remove your “sins” again only after a year, by applying to annul the consequences of the conviction.
Situations when a criminal record is expunged
Info
The current provisions of the Criminal Code indicate the time frame for expungement of a criminal record. The duration is influenced by the type of violation committed.
The following is automatically extinguished:
- within one year, if the punishment does not involve imprisonment;
- for three years, when the person was sentenced to three years in prison;
- 8 years, if the punishment is imprisonment for a term of up to ten years, and the citizen has committed serious acts;
- when the term of serving a sentence exceeds 10 years, the criminal record is removed after a similar period.
If suspended sentences are applied to a person, then the period of probation will be the time after which the criminal record will be expunged. The countdown of this period must begin from the moment when the punishment was served or completed.
