The civil duty of any person is to bear responsibility for a crime or offense committed. The offense for which a person is convicted must be very serious. Even serving a sentence does not allow a criminal record to be removed or expunged. There is a certain period (1-10 years) during which a person is still considered potentially dangerous to society and must be under the supervision of the state. When committing a new illegal act, the punishment is more severe.
Having a criminal record is a serious problem not only for the person himself, but also for his family and friends. There are a number of restrictions according to which a citizen or his relatives with a criminal record cannot hold certain positions and work in certain departments. Based on this, a completely logical question arises: can a person be refused employment if relatives have a criminal record and when such actions are permissible by law. Detailed information on the topic will be presented in the article.
Legislative opinion
Citizens who have served time in prison often encounter discrimination when trying to find employment. This is due to the fact that in Russia people with a criminal past are treated with prejudice.
Difficulty finding work after a criminal record.
After returning from prison, people find themselves unemployed, which often contributes to the commission of new crimes, since they have no choice where to get a job. In addition, even those vacancies for which they may apply become unavailable to them due to the negative attitude of employers.
According to the law (Article 331 of the Labor Code), persons with previous convictions and who have served time in colonies cannot be employed exclusively in positions specified in the law. They cannot be hired as teachers, civil servants, etc.
According to Art. 9 of the Resolution of the Supreme Court of the Russian Federation “On approval of the Regulations on service in the internal affairs bodies of the Russian Federation”, such persons cannot be hired by government agencies. A similar restriction is established in legal regulations that regulate the following types of activities:
- service in the FSB;
- work at customs and police;
- military service;
- work in the judiciary, in particular in the prosecutor's office;
- advocacy and auditing activities;
- aviation service, etc.
Also, a convicted person cannot get a job in medical, educational, cultural and social institutions. The full list of positions is specified in Articles 331 and 351 of the Labor Code of the Russian Federation.
Getting a job after expunging a criminal record.
However, all other professions are open to former prisoners with expunged criminal records. If a person is faced with constant refusals when applying for a job, then this circumstance is a violation of the law. If the employer does not indicate the reason for the refusal, you should go to court.
Not so simple
On the one hand, everything is logical and understandable. But from a human point of view, former criminals can be understood. Among them there are many who repented and literally began a new life. And what can we say about those who have become victims of a banal slander or a miscarriage of justice?
That is why work is underway in this area at the legislative level to continuously improve the situation. They are trying to improve the situation of those amnestied, and for those convicted several years ago under articles that have now been abolished, their concessions apply.
And the choice of vacancies in the modern employment market is so large that, fortunately, it is possible to contact not only the police or customs. Therefore, if you want to get a job with a criminal record, it is quite possible.
Employers' attitude towards suspended and expunged criminal records
If a person proves his innocence, then the criminal record is removed early in court.
A criminal record is considered expunged if the convicted person, after serving his term, has not violated the law for a certain period.
A criminal record may also be considered expunged if a court or other executive body declares an amnesty or pardon to a convicted person for any compelling reason.
However, information about a person’s criminal record remains in the Main Information and Analytical Center of the Russian Federation. However, it can be removed from the database if the criminal record was expunged due to exonerating circumstances.
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Employers in most cases have a negative attitude towards persons who have been convicted in the past, even if this conviction has already been expunged. Many people do not want to take the risk and take responsibility for this person.
Petr Kuryanov, an expert at the Foundation “In Defense of the Rights of Prisoners,” notes that for those released from prison, finding a job is a big problem. Employers often refuse out of fear that the rest of the staff will be against such a decision, and mass layoffs may begin.
Why are convicts afraid to be hired?
Any employer dreams of finding a 30-year-old specialist in the prime of his life with two higher educations and 20 years of experience for a minimum salary. But when it comes to former prisoners, other factors are taken into account when making the final decision:
- Many people are firmly convinced that people do not change. This view concerns not only law-abidingness, but also such character traits as stubbornness, sociability, laziness, etc.;
- Many people believe that “places not so remote” change even decent people only for the worse;
- Often managers are afraid of harming their image, because competitors can take advantage of the presence of ex-prisoners on the company’s staff to fight unfairly and tarnish their reputation;
!!—According to the norms of current legislation, people who have answered to society for their offenses and have served their sentences have the same rights when finding employment as everyone else. But in reality everything is not so simple.
For whom a criminal record is a fatal obstacle?
Before searching for vacancies, a person needs to familiarize himself with the current laws. You should not seek employment in public or private firms in a financially responsible position.
The first 3 years after release are considered the most dangerous period, during which the risk of reoffending increases. If after this time a person has not broken the law and has undergone social adaptation, then the chances of finding a suitable job increase.
After a criminal record, you cannot work in state-owned companies.
People who served sentences in the past are prohibited from holding certain positions, traveling abroad, buying weapons, etc. The control of internal affairs bodies is established over some citizens.
