The commission of an act prohibited by the Criminal Code entails certain legal consequences. One of them is a criminal record.
Definition
A criminal record is a person’s special position in relation to the legal field sentenced for a crime to a certain type of punishment and the term of his serving. And this is due to the onset of certain legal consequences.
First of all, the following circumstances relate to criminal legal consequences:
1. The presence of a criminal record in a person. This fact exacerbates the situation.
2. The presence of repeated criminal records in a person. This contributes to his recognition as a recidivist.
3. The presence of another criminal record in a person serving a sentence in a penal colony. Provided that it is relevant for the decision to determine the type of institution.
4. There are situations when a criminal record is a circumstance for correlation of a crime with a particular article of the Criminal Code. Also, its presence may become the basis for a refusal of employment.
If the person who committed the crime subsequently corrected, then it is considered unfair and inappropriate to maintain a criminal record. The repayment and removal of a criminal record takes place in the manner prescribed by law and in the presence of certain criteria.
Signs of a criminal record
A criminal record as a legal fact has derivative and essential criteria inextricably linked. Significant symptoms include:
1. The presence of the crime itself.
2. The conviction.
3. Assignment of punishment established by law.
Derived characteristics consist of the following criteria:
1. The category and nature of the crime.
2. Type of punishment and term of its execution.
3. The use of individual criminal law measures of influence.
4. The actual serving of sentences or the execution of a certain type of restraint.
5. The number of convictions.
Termination options
A person whose conviction has entered into force is considered to be convicted. The law establishes options where it is possible to annul a criminal record ahead of schedule. Redemption and removal of a criminal record are the only two ways to terminate it.
The removal of this type of punishment entails its termination until the legally established period for its repayment expires. All this is carried out on the basis of an appropriate court decision. At the same time, the law does not establish a minimum or maximum period after which a criminal record can be removed ahead of schedule. The repayment and removal of a criminal record always occurs after the sentence established by a court decision has been served in prison. Or it is provided after the end of probation.
Redemption of a criminal record does not require a court decision. This happens automatically after the end of the period specified by law. The deadlines are set, taking into account the categories of illegal acts.
There are situations in which the repayment or withdrawal of a criminal record entails consequences that are determined by the legal field. For example, a person involved in this type of punishment does not have the right to work in the police.
Redemption
A prerequisite for the repayment of a criminal record is the end of the period of serving the sentence, regardless of what the crime was committed. If a basic and additional punishment has been assigned, the repayment start period begins after the end of the period of additional repression.
The beginning of the repayment of a criminal record occurs from the moment the sentence ends. This means - from the moment of release, even if there was an early repayment of the criminal record or the sentence was commuted to a milder measure of restraint.
The time during which the court verdict was not carried out not because of the evasion of the convicted person from serving the sentence shall be included in the maturity of the conviction.
If for some reason the sentence has not been carried out, then after the expiration of the limitation period, the convicted person shall be considered as not convicted.
The difference between the repayment and the removal of a criminal record
There are significant differences in the legislation in the procedure governing the repayment and removal of a criminal record. There is a difference between these concepts. It lies in the fact that the punishment is removed by applying to the court with a petition. This body makes a positive verdict on him. The second option is based on a document that states that an amnesty or clemency decision has been taken against a person. The repayment takes place immediately after the end of the period established by law, depending on the degree of the act for which a criminal record has been assigned. Redemption and removal of a criminal record are not possible while serving a sentence.
Is it possible to remove a criminal record ahead of schedule?
Early repayment of conviction is assigned to the convicted person before the end of the period of serving a sentence for perfect behavior. What is it expressed in? Impeccable behavior is the absence of penalties, criminal offenses or administrative offenses. To remove a criminal record, it is necessary to draw up a petition. He is sent to court. This body reviews it and makes an appropriate decision.
A positive court decision may be affected by marriage, the presence of a child, permanent employment, participation in charity organizations, etc. Simply put, they take into account everything that can positively affect the characteristics. Any person who has served a sentence is entitled to appeal with a request to withdraw a criminal record ahead of schedule, regardless of the degree of crime.
Removal of a criminal record ahead of schedule is not the duty of a court. Therefore, the person who has served the sentence and his defender must prove their right to such a privilege.
The removal of a criminal record prematurely terminates the legal consequences that have arisen since the determination of the preventive measure (with the exception of cases provided by law).
What to do in case of court refusal? The convicted person has the right to file a second petition no earlier than one year after the decision is made.
Features of the repayment of criminal records in minors
The repayment of juvenile convictions (unlike adults) differs in terms. That is, the period is reduced in comparison with the stipulated period for an adult citizen. For acts of small and medium gravity, the repayment period is one year. For especially serious crimes - three years.
Convicted juveniles who have been punished for crimes of moderate or minor gravity in the form of compulsory educational measures are considered as not convicted.
If a milder sentence is established than imprisonment or a suspended sentence, then the criminal record in these situations is canceled at the end of the trial period or after one year (after serving the sentence).
Early repayment of a juvenile's criminal record is possible not only at the request of the convict. This can be done at the request of his parents, guardianship authorities, as well as his legal representatives.
Conditional punishment: repayment
Redemption of probation may occur automatically or ahead of schedule. If the convicted person proved by his behavior that he had corrected himself, compensated for the harm caused by the crime, the court may grant the application. It is directed by a regulatory body that monitors human behavior. Perhaps a decision to cancel the conditional conviction and its removal from the convict. At the same time, the probationary conviction is paid off after 1/2 trial period. Before, it makes no sense to contact the petition.
Dates of withdrawal and repayment of a criminal record
The period of repayment of a criminal record depends on the category of crimes:
1. After the eight-year period from the moment of serving the sentence - for crimes of special gravity.
2. The repayment of a criminal record for serious crimes occurs after six years.
3. Acts of moderate and minor gravity involve the expiration of a three-year period from the moment the sentence ends.
4. For milder types of punishment, the cancellation period comes in a year.
5. Conditionally convicted persons are released from criminal record after a trial period.
A criminal record is removed ahead of schedule only at the request of the convict. The day of the court decision is the moment of its early repayment.
Reasons for refusal
The court, when considering the case of early withdrawal of punishment, has the right not to satisfy the request of the convict and to make a decision on refusal. The reasons may include the following criteria:
1. Violation of statutory rules and standards of conduct in prisons.
2. Relapse of the crime.
3. Lack of evidence to correct the convicted person.