A criminal record is the legal status of the person who committed the crime, sentenced to a certain punishment, in which a number of his rights are limited. So, for example, such a person cannot possess firearms, be an adoptive parent, be elected to state bodies, or hold certain positions (for example, related to the disposal of material assets - for persons who have committed self-serving crimes, as well as be a judge, prosecutor, lawyer, police officer ) etc.
The presence of a criminal record may become the basis for non-provision of a loan by the bank, as well as an unofficial reason for refusing employment. In addition, it is important to establish the relapse of the crime. The presence of a criminal record is an aggravating circumstance, which is taken into account by the court when sentencing the accused. Also, when re-committing a crime, part 2 of the article of the Special part of the Criminal Code may be applied, for example, when committing theft, which contains more stringent sanctions.
A criminal record arises after the sentencing, continues during the period of serving the sentence, as well as for a certain period of time established by law.
Redemption and removal of a criminal record - 2 ways to terminate it.
In the first case, the action is terminated automatically. According to Part 3 of Article 86 of the Criminal Code, the criminal record is canceled :
- persons sentenced to probation after a probationary period;
- persons sentenced to punishments that are not related to deprivation of liberty (fine, restriction of liberty, arrest, etc.), one year after they have served their sentences;
- to persons who have committed crimes of small, medium gravity, sentenced to imprisonment - after 3 years;
- to persons convicted of serious crimes - after 6 years;
- persons convicted of especially serious crimes - after 8 years.
In the second case, a court decision or an amnesty order is necessary.
How to remove a criminal record?
The Criminal Code provides for such an opportunity. Anyone wishing to withdraw it ahead of schedule has the right to petition the court. It doesn’t matter which category of crime was committed; the main thing is that he should serve his full sentence, including an additional one.
A criminal record is removed only if the conduct of the person applying for the petition was impeccable. In addition, a period of time should pass, which would testify to this, usually not less than 1/2 of the period provided for in Part 3 of Article 86 of the Criminal Code. The concept of “perfect behavior” is not disclosed by the legislator. But when making a decision, the court may take into account the presence of administrative offenses, compensation for harm caused in connection with the commission of a crime, which characterizes the material collected by the police officers, the presence of dependent minor children and a number of other circumstances.
Before applying to the court for a criminal record, it is advisable to prepare some documents yourself. In particular, it does not hurt to request characteristics from the place of residence and work. In this case, they are more likely to be positive.
Withdrawal of a criminal record ahead of schedule, in accordance with Art. In such a case, upon the recommendation of the body that exercised control over its behavior, the court may, by a decision, set aside the conditional conviction of that person and withdraw the criminal record. A prerequisite is that at least half the probationary period must expire.
Redemption and removal of a criminal record will annul all legal consequences that have arisen. That is, it cannot be taken into account when assigning punishment to a person for a newly committed crime, when establishing the existence of a relapse. With its repayment (withdrawal) also restrictions of a number of rights of a person cease to apply.