Last updated - January 2022
For various reasons, many people are interested in whether they are taken into the army with a criminal record or with a suspended sentence. To find out the answer, you need to understand many legal nuances. Right away, in order to warn young men against the idea of getting a suspended sentence in order not to undergo military service, we will give a number of reasons why this should not be done:
- Criminal records are entered into government databases from which nothing can be removed.
- Lack of opportunity to build a career in government agencies and many other institutions.
People with previous convictions sometimes want to enlist in the army under a contract. We will also look at whether this is possible.
Is it possible to serve in the army with a suspended sentence?
First, let's define the terminology. A suspended sentence is a punishment for a person who has committed an offense without actually serving time. During this period, the convicted person must show correction. At the same time, throughout the entire period his behavior is monitored by special services.
If a person evades mandatory state control and fulfillment of duties established by the court, violates the law, the decision on conditional imprisonment will be canceled by the court, after which the real punishment will be imposed.
After the end of the term or before its end, subject to exemplary behavior, the convicted person may be released from punishment, and the criminal record will be expunged.
Persons with a suspended criminal record have certain obligations to government agencies, the fulfillment of which is incompatible with military service, these may be:
- public Works;
- compulsory education;
- ban on movement within the country, region, city;
- undergoing mandatory treatment for drug or alcohol addiction.
Therefore, you cannot serve in the army with a suspended sentence. Completion of service is possible only after its completion.
Does it make sense to get a criminal record and use it as a way to evade the draft?
From a legal point of view, this method is really effective. Its implementation is very simple. It’s no secret that it’s very easy to go to a store, steal an expensive product under the gun of cameras, get caught and get a criminal record.
Firstly, a criminal record tends to expire, which means that if it is expunged before the end of 27 years, then the chance of getting into the army is extremely high.
Secondly, even if you have crossed the 27-year mark and did not have time to be drafted into the army, then information about your criminal record will now remain with you for life. This means that you will have problems finding employment in any educational or government organizations. Even if you are not interested in such structures, problems may also arise when finding employment in the commercial sector, since checking information about an employee’s criminal record now does not seem to be a big problem.
In general, it makes no sense to break the law in order to evade military duty. It is much more effective to circumvent this law without breaking it.
Military service after serving a sentence
People whose criminal record has been expunged or expunged are entitled to this. The repayment time depends on the severity of the offense and the length of the sentence.
If a conscript wants to do military service in the army, but has not received a summons after expunging his criminal record, he must himself contact the military registration and enlistment office employees at his place of residence and register. He has every right to serve.
Military registration and enlistment officials may decide not to draft individuals who have committed too serious a crime for fear of undesirable consequences. If you look at it from the point of view of the law, then the actions of the military registration and enlistment office employees are incorrect.
As for elite units, it is practically impossible for a person with a criminal record to get into them. Sometimes young men with an ideal personal file are not accepted for such service, not to mention the presence of Fr. Contrary to popular belief, conscripts who have served their sentences can serve in most branches of the military, and not just in engineering and construction.
Before and now
There is an opinion that during the Soviet era, even citizens with a suspended sentence were not subject to conscription, but was this really so? In the same construction battalion served not only former criminals convicted of “hooliganism” or petty theft, but also persons who had committed a more serious crime. Of course, the path to the elite troops was closed to such a contingent, but the reformed citizens served the Fatherland well, although service in the construction battalion was considered the most unprestigious.
Now, all actions of military commissariats related to conscription activities regarding “unreliable” citizens who have a criminal record or a suspended sentence are regulated in accordance with the Federal Law “On Military Duty.” And in Art. 23 clearly defines the situations when such a citizen may be subject to conscription. But you should take into account that if a conscript’s criminal record is not cleared or expunged, then he will not become a soldier.
In what cases is a criminal record expunged?
The main condition for repayment of the penalty is the completion of a certain period. It is set differently depending on the severity of the crime. According to Article 86 of the Criminal Code of the Russian Federation, a criminal record is expunged:
- After probation.
- If the sentence did not imply imprisonment, then 1 year after its completion.
- For crimes of minor or moderate gravity, repayment will take place 3 years after completion of the term.
- If a citizen was serving a sentence for a serious crime, then repayment will take place only after 8 years.
- For persons who have committed a serious crime - after 10 years.
When a citizen is released early, the period for expungement of the criminal record is counted from the moment of his release.
Repayment for convicted minors is determined by Article 95 of the Criminal Code of the Russian Federation:
- After a sentence that does not imply imprisonment, it is extinguished after 6 months.
- In the case of crimes of minor and medium severity, 1 year after the end of the punishment.
- For serious and especially serious crimes - after 3 years.
After the end of these terms, a previously convicted citizen acquires the status of a person with an expunged criminal record, and therefore he is deprived of a number of restrictions previously assigned by the court.
Removal
If the repayment period has not yet passed, then we can talk about its withdrawal.
This is only possible for those who have been given a suspended sentence or have already completed half of their sentence.
To do this, the criminal-executive inspectorate must file a petition with the court.
It is very important to prove to the court during the court hearing that the citizen is reforming and does not need to further serve the probationary period. If a person was not given a suspended sentence, then, after serving his sentence, he can go to court with a petition himself or through a representative.
If a person was not given a suspended sentence, then, after serving his sentence, he can go to court with a petition himself or through a representative.
The court will need to prove that after serving the sentence the citizen’s behavior was ideal, and the purpose of the punishment - correction - was successfully achieved.
It is very important to provide positive characteristics for successful removal of a criminal record. If a citizen has health problems, then to quickly expunge a criminal record, certificates from medical institutions will be required
If a citizen has health problems, then in order to quickly expunge a criminal record, certificates from medical institutions will be required.
However, it should be borne in mind that each situation is individual, so you cannot do without consulting a lawyer in this matter.
If, with an outstanding criminal record, crimes and offenses of an administrative nature are committed, this may adversely affect the court’s decision on the issue of expunging the criminal record.
Early
You can have a criminal record expunged early in the following ways:
- It is necessary to submit a petition (not an application!) to the court located at the place of residence of the convicted person. The procedure for considering a petition is determined by Article 400 of the Criminal Procedure Code.
- A petition to expunge a criminal record should not be written in cases where it is expunged early.
- Sample petitions can be obtained from the court (at the entrance).
- The petition requires the addition of as much information as possible that confirms the positive behavior of the convicted person. These can be various characteristics from work, place of residence, or from the district police officer.
- It would not be superfluous to indicate which rights of a citizen are limited, and why the presence of an unexpunged criminal record prevents him from leading a full life.
petitions to expunge a criminal record.
Deadlines
A criminal record is removed when the convicted person has completed the probation period.
After how many years is a criminal record expunged (term for expunging a criminal record) - corresponds to the period for expunging a criminal record.
It is necessary to go to court in cases where a citizen wants to expunge a criminal record earlier than the period prescribed by law.
Features of legislation
If citizens of military age are under investigation, or their cases are referred to court, conscription is impossible - all the efforts of the military registration and enlistment office will be in vain and will be contrary to the law. A criminal record and being under arrest are incompatible concepts. Persons under arrest will not be able to be called up for service until a procedural decision is made in relation to them.
Conditional conviction
With a suspended conviction, the road to the army is closed, because such young men do not have the opportunity to perform real service. This is due to their performance of compulsory public works, which are incompatible with the duties of a warrior.
But this does not mean that persons who do not want to serve can “opt out from the army” by receiving a suspended sentence. Attempts to evade service are suppressed by law. In addition, this status deprives a person of the opportunity to:
- work in a decent job;
- occupy leadership positions;
- find a job in banks or kindergartens, schools;
- hold public office.
After the end of the conditional (probationary) period, the criminal record is removed (cancelled). There is no guarantee that after its repayment the guy will not be drafted into the army.
Can they join the army with an expunged criminal record?
If the terms of serving the sentence have expired, the criminal record is considered expunged. There is no need to wait for a court decision - everything happens automatically.
Can they join the army with an expunged criminal record? It all depends on the severity of the crime and on the authorities of the military registration and enlistment office. The law allows for the conscription of a person with an expunged criminal record into the army, but in practice the military commissariat “forgets” about them. They are confident that a criminal personality will negatively affect other colleagues.
If a young man independently expresses a desire to serve, but does not receive a summons, he has the right to appear at the military registration and enlistment office 2 weeks after the end of the probationary period.
After passing the military medical commission, he will be accepted into service. if he wants to serve under a contract, he must also expunge his criminal record in order to obtain this opportunity. The only restriction is that he will not be enlisted in the elite troops. And the requirements for selection into the army are stricter for such candidates.
During a visit to the military registration and enlistment office, the former convict must provide certain documents, one of which is a certificate stating that a criminal case was initiated against him and then terminated (indicate the reason).
A criminal record is considered expunged when:
- the entire period of the established period will end;
- a year will pass after serving the sentence;
- 3 years have passed since a prison sentence for a minor or moderate crime;
- 6 years will pass for serving time for a serious crime;
- 8 years will expire for committing a particularly serious crime.
If there were no violations of the law during the specified periods, the criminal record is considered expunged.
A criminal record can be expunged early - if the offender behaves impeccably in prison, or he has been granted an amnesty. If at the end of the probationary period the guy is 27 years old, conscription is unacceptable for him. However, he still must visit the military registration and enlistment office to undergo examination.
Thus, the army after a criminal record is possible
The main thing is that the criminal record must be expunged (it doesn’t matter whether it’s early or not). But if at that time the young man’s age reaches 27 years, he can no longer be drafted
Summary
Article Name Can you join the army with a criminal record?
Description What a criminal record means and what types there are, whether people are accepted into the army with a suspended or expunged criminal record, what the military commissar points out, read our article.
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Publisher Name Military Medical College
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