A document indicating that you have or do not have a criminal record is called
A certificate confirming the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution
The order providing for the issuance of such certificates can be found here. Such paper will be needed both abroad and within the Russian Federation. In Russia, you are asked to provide a certificate in the following cases:
- for working with minors (in the field of sports, culture, education, social and medical services);
- when applying for a position that involves working with firearms;
- for civil servants;
- when employed in military service under a contract;
- for employees of bailiffs, police departments, and prosecutors;
- to work in the Investigative Committee;
- when employed on the board of a housing cooperative;
- to obtain a loan from a financial institution;
- aviation personnel;
- for moving abroad;
- during adoption and registration of the rights of a trustee or guardian (in accordance with Article 127 of the RF IC).
Outside our country, such a certificate may be needed when applying for a job, buying real estate, starting a business, reuniting with family, and in some countries it is even required to get married. Such a list is established by the legislation of the country where such a certificate is required.
IMPORTANT! The presence or absence of a criminal record of a citizen is classified information. All data is stored in the Ministry of Internal Affairs system and is not disclosed to third parties. The certificate is issued only upon request.
Sample of completed certificate and blank form
To obtain a certificate form, contact the Ministry of Internal Affairs office or fill out an application on the State Services website. You can order both electronic and paper documents on the Internet. If you choose the second option, you can pick up the completed certificate at the selected MFC branch.
Sample of completed certificate
sample certificate of no criminal record
Certificate form
you can use this here
.
According to Federal Law No. 64 “On Electronic Signature”, a certificate received via the Internet and having an electronic signature is considered equivalent to a paper one. An electronic certificate can be used in all necessary cases, except when federal laws require a document only on paper. The authenticity of the electronic signature is verified by a special program on the computer. If the document has already been printed, then it is not possible to check how authentic the certificate is. Unlike an electronic document, a paper certificate cannot be certified by an electronic signature.
When is it needed?
The certificate is considered a required document. It often needs to be presented when:
- employment abroad;
- obtaining permission for permanent residence abroad;
- obtaining a large loan from a commercial bank;
- registration of guardianship over children under 18 years of age or incompetent citizens;
- concluding a contract for service in law enforcement agencies;
- getting a job in educational institutions.
They also require paper to apply for a visa, adopt children, or establish guardianship. To obtain a weapons permit, you also need this certificate.
The document must be presented to work, as specified in Art. 65 Labor Code of the Russian Federation. According to the law, it is necessary to confirm the absence of a criminal record in the following cases:
- persons working in the civil service;
- employees of law enforcement agencies;
- customs officials;
- employees of aviation companies;
- employees of the prosecutor's office and the investigative committee of the Russian Federation;
- responsible specialists of enterprises of the fuel and energy complex and heating networks;
- employees of educational organizations;
- board members of a number of non-profit organizations and cooperatives.
In the above situations, having a criminal record is considered a reason for refusal of employment. The law prohibits employment in organizations specified in Art. 65 of the Labor Code of the Russian Federation, with an outstanding or unexpunged conviction. If convicted of serious criminal charges, people are prohibited from working as government officials, law enforcement officers, teachers, and prosecutors.
But sometimes employers abuse their responsibilities by demanding a certificate. They believe that the employee will have to work with material or monetary values. The provisions of the law establish such demands as unlawful.
A certificate is not needed when applying for a job in a store, bank, or warehouse. The HR department can only ask for such a document. But refusal due to reluctance to hand over paper is illegal.
Who is authorized to issue such certificates and how to find the right branch?
A certificate of no criminal record can be obtained in several ways: submit an application on the State Services portal, contact the Ministry of Internal Affairs or the MFC. Those citizens who are outside Russia can obtain a document at the consulate.
Appeal to the Ministry of Internal Affairs
It is not difficult to order a certificate of no criminal record through the Ministry of Internal Affairs. In each region there is an information center of the Ministry of Internal Affairs. You need to apply there and within a month the document will be in your hands. You can find the nearest department of the department on the official website of the Ministry of Internal Affairs of the Russian Federation. You will also be given such a document at the nearest police station at your place of registration.
The application form for a certificate looks like this:
application form for obtaining a Certificate of criminal record
You can download it
.
Contacting the MFC
How to obtain a certificate of no criminal record from the MFC? You need to contact the department of the multifunctional center at the place of registration or temporary registration and order a certificate. In this case, you will only have to wait two to three weeks. The department can issue two types of certificates - with the seal of the Ministry of Internal Affairs or the MFC.
NOTE! Warn the MFC employees in advance if you require a wet stamp and signature on paper from the Ministry of Internal Affairs. Then the center employee will make the necessary note in the upper right corner. This certificate is different in that it will not have an electronic digital signature. If the MFC stamp is enough, then you will be printed a standard certificate with the stamp of the multifunctional center.
There is another option to obtain the necessary document - contact the Russian Consulate. This method is relevant for those citizens who are abroad. Within one to three weeks, you may be issued a certificate of good conduct in both a foreign and Russian language.
The certificate is valid for three months from the date of its issue!
Registration on the Internet through State Services
It’s easy to order a police clearance certificate online. Use the State Services portal, where you can quickly submit an application.
More detailed instructions can be found below in this article at the link>>>.
If you have already used the State Services website, then basic information about you is already in the system. We are talking about passport data, TIN, SNILS, medical policy. All of them have been verified and you do not need to re-enter them when ordering a certificate. The only thing you have to upload is three scanned pages of your internal passport. You will need pages with your photo, place of residence, and military service (page #13). At the same time, you will have to download this page even if it does not contain a mark on military service.
In the method for receiving a response, check the box next to “Only to the personal account of the service portal.”
After the application is completed and sent, within two to three weeks you will receive a response by email with an attached zip archive. It will contain two files: an electronic signature and the certificate itself.
IMPORTANT! In some situations, a police clearance certificate is required when it is not required by law to provide it. If this happens, you can ignore the employer’s request, and he, in turn, does not have the right to refuse you a position on this basis.
Intermediary services
This certificate is issued free of charge. However, on electronic platforms there are often advertisements for the urgent production of such certificates. You need to understand that such services are illegal. The certificate is given only to the applicant or his representative against signature.
If a person, due to some circumstances, cannot personally receive this document, he can issue a power of attorney to a representative of such an intermediary company. A power of attorney can be issued at the Ministry of Internal Affairs, the MFC or a notary.
Clearance of a criminal record
In the event that there is a criminal record and it is necessary to obtain a certificate stating that it does not exist, both nonresident and Moscow residents must ensure that the criminal record is expunged. This is possible under the following circumstances:
- if a suspended sentence, then after the expiration of the probationary period, the criminal record is removed;
- After this, the opportunity arises to quite calmly receive a certificate and get back to the business in which you were engaged before the conviction.
Cancellation of a criminal record
But besides the suspended sentence, there are also real ones. In these cases, assistance for subsequent rehabilitation for a certain period after serving the sentence. A criminal record is eliminated in the following cases:
- a year for punishment under mild articles;
- 3 years for moderate severity;
- 8 years for serious crimes;
- 10 years for especially serious crimes.
You can learn more about expunging a criminal record from the video below.
In mild forms of crime, when the sentence is no more than a year, it is possible to have a criminal record removed early, which means the beginning of a full life. We must remember that during the probationary period you cannot commit new crimes.
Proof of authenticity
There are several parameters that allow you to confirm the authenticity of a document if the document is issued in paper form:
- Signature of the official.
- Availability of a blue seal of the Ministry of Internal Affairs. In this case, there are usually traces of “wet” left on the reverse side.
If you received a certificate in electronic form, then such a certificate is signed with a qualified electronic signature of an employee of the Ministry of Internal Affairs and sent to the user’s personal account.
In such a certificate, you can check the electronic signature of an employee of the Ministry of Internal Affairs directly on the portal.
On the website, scroll down the page and find the “Help Information” button. Click on it, on the page that opens you will see sections with reference information. In the right column with sections, find the “Electronic signature” button. Follow it in the window that opens and check the signature.
Case Study
The children's trainer at the sports center had a criminal record for hooliganism, which was expunged. Due to inattention, the center’s management did not require a certificate to be provided when concluding the contract. During a routine check, the criminal record was revealed. Will the coach be fired?
Alas, dismissal will be mandatory, but the children's center will not break the law, because Article 83 of the Labor Code does not allow it to work with children.
Grounds for refusal of extradition
A police clearance certificate may not be issued for the following reasons:
- the necessary documents were not provided;
- the applicant has made a large number of spelling and grammatical errors that distort or do not allow one to understand the meaning of what was written;
- the citizen did not fill out an application for a certificate;
- if the refusal is made to a foreigner, perhaps he did not have the translation of the passport certified by a notary (there is no apostille).
IMPORTANT! When submitting an application through the State Services portal, be sure to fill out all the fields, otherwise you will be denied a certificate. Also, a refusal may occur due to technical errors when sending a user request.
Complaints
In several cases, a citizen has the right to file a complaint against the actions of the Ministry of Internal Affairs officers who are responsible for issuing the certificate. This is possible in the following cases:
- The employees violated the registration deadlines for issuing the document.
- The deadline for preparing and issuing the certificate has been missed.
- Specialists require the presentation of documents not listed in the regulatory list.
- When employees of the Ministry of Internal Affairs or the MFC refused to accept an application and documents without reason.
- If payment is required for this service.
The complaint must be submitted to the supervisors of the employees who committed these violations. Usually, after this, the issue of providing a certificate is resolved quickly.
What documents are needed to obtain a certificate?
Certificate of no criminal record – what documents will be required?
Originals and copies of documents that must be presented to the applicant:
- an application that must first be filled out;
- copy and original - Russian passport;
- copy and original - passport of a foreign citizen for foreigners;
- copy and original - a document issued by a foreign state for identification in the absence of citizenship, giving the right to temporary residence or a residence permit;
- copy and original - power of attorney for the right to receive a certificate;
- copy and original - a document confirming the fact of kinship or adoption;
- copy and original - if the application is submitted by a guardian or trustee, documents are needed that confirm the fact of the establishment of guardianship or trusteeship.
