Deadlines for expunging a criminal record under the Criminal Code of the Russian Federation

Criminal record and its consequences

A criminal record appears from the time when a decision made by a court begins to take effect and its influence will remain until it is overturned in court or extinguished. The Criminal Code of the Russian Federation takes into account if in the future there is a repetition of the offense by a person who previously served a sentence.

So, a criminal record is the final stage to which criminal actions lead, it appears from the date when the court decision takes force, the citizen becomes convicted. That assumes that the consequences established by law will be not only criminal, but also social.

The onset of criminal law results is possible if there is an existing criminal record that has not been expunged or it has not yet been expunged in cases where persons commit a new crime:

• if the subject has a number of convictions for various types of crime, they can cause some kind of relapse;
• for some unlawful acts, the presence of other terms will be considered as the basis of a crime;
• if the offense is repeated by a person previously convicted of a medium, serious or especially serious crime, then this will serve as an aggravating fact when sentencing for a new crime;
• the provisions of serving may be affected by the presence and number of existing convictions;
• for those citizens who have previously been convicted and are being punished, a more severe sentence is applied in conjunction with the one already passed when they commit a new crime;
• the procedure for applying parole to subjects serving a sentence for a number of offenses of a certain gravity will become more severe;
• Citizens who have already had a criminal record for serious and especially serious crimes will not be subject to amnesty if they commit a repeated act.

As a rule, any unlawful act carries consequences, but in this case, in addition to serving the sentence, there will also be general social consequences, which include:

• citizens with a criminal record are limited in fulfilling certain labor obligations, that is, they will not be able to work as judges, police officers or other law enforcement officers;
• when applying for employment or otherwise filling out official documents, a person must indicate a criminal record;
• subjects who have served time for serious offenses are not even called up for compulsory military service;
• the presence of criminal consequences may become a reason for restricting the movement of a person throughout the country;
• the Ministry of Internal Affairs exercises administrative control over those convicted of certain illegal actions;
• persons with a criminal record cannot obtain permission to obtain a permit to purchase and store weapons;
• According to the laws of a number of countries, citizens who have a criminal record for a list of certain offenses do not have the right to enter the territory of their state.

If a criminal record is removed by applying to the courts or it is canceled after the expiration of the established period, citizens are completely relieved of all legal consequences.

Termination options and periods

The law provides several options that allow you to terminate the so-called state of criminal record:

• repayment, in this case cancellation occurs automatically after a certain period. An exception would be the conditional period; its repayment ends as a result of the end of the probationary period;
• removal of a criminal record early by filing a corresponding petition with the court.

It will be considered extinguished at the end of the period of time established by law depending on the severity of the causal harm:

• for the category of subjects to whom the punishment was applied in the form of a suspended sentence, the penalty expires at the end of the probationary period;
• for citizens to whom the punishment as a restriction of freedom was not applied will be considered closed from the moment a year passes from the date of execution or serving of the sentence;
• when brought to justice for illegal acts of moderate or minor gravity, the fact of criminal record will be removed after three years after serving it;
• for subjects held accountable for serious acts against the law and individuals, the consequences are lifted only eight years after the established period of punishment for the crime has been served;
• for especially serious acts, ten years after serving the sentence for the crime committed.

IMPORTANT !!! If a convicted person intends to have his criminal record expunged in advance, then an appeal to the courts must be carried out no less than half of the sentence has been served.

But more specific deadlines are set depending on the situation:

• if the application is carried out for the purpose of obtaining parole, then the person by law must serve at least a third of the total established time period if the punishment is imposed for a crime of mild or moderate gravity. The average degree obliges you to serve a sentence of no less than 1/2 of the period imposed by the court decision, for a particularly serious crime, more precisely for prisoners located in places not so distant for this category of crime, filing a petition will be possible only after two-thirds of the term has been served.

IMPORTANT !!! However, release on parole does not remove legal consequences from persons; a probationary period of time is provided for them, which begins from the moment the parole comes into force. Persons serving sentences for serious offenses and who have received approval for parole will have to be under control for one and a half years after their release, and after this time, submit papers to have their criminal record expunged;

• if the sentence imposed was executed in full, that the convicted person spent the entire established period behind bars and did not use the option of release on parole, then the criminal record may be cleared after half of the subsequent supervision period;
• In connection with constant changes made to legislative acts, articles of the Criminal Code also undergo changes, which may affect persons serving sentences. Depending on the amendments, it happens that the terms established for a crime are increased or decreased, thereby reducing the period of imprisonment or replacing it with a more lenient punishment, citizens can count on receiving freedom and having their criminal record expunged by submitting an appropriate petition;
• The legislation of the Russian Federation, and in particular Article 84 of the Criminal Code, provides for the early removal of all types of punishment if the prisoner is included in the amnesty. That is, an amnesty is an early release applied to convicts on the basis of a document signed in the Duma and extended to an unspecified circle of persons, with the exception of only those citizens who are serving sentences for crimes committed in a serious form. Amnesty implies leaving places that restrict freedom, and after filing an appropriate petition, the removal of a criminal record early;
• The criminal code also provides for release through pardon; citizens can be released if the president of the country writes a Decree in relation to a specific person, these actions are provided for in Article 85 of the Criminal Code of the Russian Federation. Pardon may be expressed in the mitigation of the existing punishment, as well as in the release of persons on parole with all possible consequences;
• If citizens whose age has not reached the age of majority were held liable in the form of imprisonment, then a punishment that implies a more lenient form is applied to them. So, for example, in accordance with Article 95 of the Criminal Code, expungement of a criminal record for this category of persons is allowed six months after serving the main term, but this is only for those convicted of mild offenses.

ATTENTION !!! If the crimes are of moderate severity, then it is possible to write a petition after a year, and in case of a severe form of the unlawful act committed, only after three years.

When a minor's criminal record is cleared, his legal representatives submit a petition; these can be both parents and guardians.

Deadlines for expunging a criminal record

If our readers think that immediately after the termination of the sentence the charge will be liquidated, then they are mistaken. The legislation provides for other deadlines, we list them:

• immediately after the end of the verification period, if the person was given a suspended sentence;
• after 1 year, if punitive measures were taken for minor crimes, in the form of forced or compulsory work;
• 3 years are provided after the end of punishment for crimes of medium gravity;
• Serious crimes carry an eight-year criminal record retention period;
• charges for particularly serious crimes will expire only after 10 years.

Let's see what happens in the end. If a person committed a crime and was given a 2-year sentence for it, then, taking into account the regulated deadlines, the criminal record will be considered expunged only after 5 years. If the villain was convicted of especially serious offenses with a prison sentence of 18 years, then his criminal record will last 28 years.

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Criminal legislation in special cases allows some concessions to citizens, i.e. It is possible to expunge a criminal record earlier than stipulated in the law. How does this happen? What will be required for this? Let's talk about the main important points for complying with the requirements of the law.

Note! The Criminal Code of the Russian Federation interprets concepts such as “expungement” and “removal” of a criminal record differently, although the result will be the same - when this fact occurs, all legal consequences for the attacker cease.

So what is the difference between these terms? The most important thing is that it is impossible to expunge a criminal record early; it stops automatically only over time, when the punitive measure ceases to have effect and the additional period established by law. After the charges are annulled, a person can calmly get a job and not indicate in the application form that he had a previous conviction. This information will be stored in special databases of law enforcement agencies and, if necessary, will be presented to interested parties.

But expunging a criminal record before the deadline is a real possibility, but this can only be done through the judicial authorities. In order for the convict’s request to be fulfilled, he must become a law-abiding citizen and comply with a number of requirements:

• the justice authorities should not have any complaints or comments about him;
• is obliged to unconditionally comply with all orders imposed on him due to a criminal record;
• prevent repeated violations of the law, especially those related to criminal atrocities.

In order to pay off the charge ahead of schedule, you need to go to court with a statement of claim; if the decision is positive, a certificate of the established form will be issued. You can’t do this without an experienced lawyer; he will tell you how to correctly draw up a claim in court, provide a sample to fill out, and, if necessary, draw it up himself. If the judge is confident that the convicted person has taken the path of reform, then consider that the certificate is already yours.

For minor citizens who have violated the boundaries of what is permitted, other deadlines are established for expunging a criminal record, as stated in Art. 95 of the Criminal Code of the Russian Federation:

• 6 months after the termination of retribution, not in the form of imprisonment;
• 1 year for offenses with moderate consequences;
• 3 years after serving a sentence for crimes classified as grave or especially grave.

For children, it is also possible to get the charges dismissed, but in this case, teenagers cannot independently go to court with such a statement. Therefore, their parents or other legal representatives must make such a request.

A criminal record is expunged after a certain period of time has passed after the person has served a particular sentence. The length of expiration of a criminal record is influenced by the type of punishment, as well as the severity of the crime committed.

If a person has been sentenced to a suspended sentence, the criminal record is expunged after the end of the probationary period established for him. When a sentence is imposed that does not provide for imprisonment, the expungement of a criminal record occurs 1 year from the date of serving or execution of the sentence.

If a person has committed a crime of minor or medium gravity, the criminal record is expunged after 3 years. When committing serious and especially serious crimes, the criminal record is expunged after 8 and 10 years, respectively.

In the case where a person was released early from serving a sentence or his sentence was replaced with a more lenient one, the period for expunging a criminal record begins to run from the moment of release from punishment.

Expungement of a criminal record occurs automatically and does not require the issuance of any official document by the court or other competent authority.

The Criminal Code of the Russian Federation establishes different periods for expunging a criminal record, depending on the type of crime, its individuality or totality.

Art. 86 of the Criminal Code of the Russian Federation provides the following provisions:

• for crimes of minor gravity with a suspended sentence, the PS begins after the end of the probationary period, and in the case of a real term - within 3 years after its end;
• for crimes of moderate gravity, providing for imprisonment for a period of more than 5 years, PS occurs after 3 years after serving the term;
• for serious acts for which imprisonment can last up to 10 years, PS can occur no earlier than 8 years after serving the sentence;
• for especially serious sentences, it is carried out after 10 years following the completion of the sentence.

The situation is more complicated with aggregate crimes. If there are multiple convictions, each conviction is expunged separately.

Along with this, punishment for the first act cannot occur if the punishment for the subsequent ones has not ended. It is suspended until the term is served.

The totality of crimes presupposes their binding to a certain period of time, the so-called confluence of convictions.

The period of PS in this case depends on the severity.

If, for example, one episode belongs to the category of minor severity, and the rest are serious, then, accordingly, the PS in relation to the first crime will occur after 3 years, for the rest after 8 years.

If the acts fit into the same category, the term of the PS will be the same.

In relation to minors, the terms of the PS are more flexible. For crimes of minor and moderate gravity, PS occurs after a year, for serious crimes - after 3 years.

For persons who have violated the law under the age of 18, shorter periods are provided for when a criminal record is considered expunged (Article 95 of the Criminal Code).

In addition, the presence of a criminal record for acts committed by a person under 18 years of age does not affect the determination of recidivism. In relation to other circumstances, the general provisions of Art. 86 of the Criminal Code.

If a person has committed an offense for which he was given any punishment other than a fine and a suspended sentence, then repayment will not occur immediately. The Criminal Code provides for the following terms for expunging a criminal record:

• 1 year – when assigned corrective, compulsory and forced labor;
• 3 years – after serving a term in prison for crimes not exceeding average gravity;
• 8 years – when committing acts classified as grave;
• 10 years - for offenses that the Criminal Code defines as especially serious.

Accordingly, if a person has committed a criminal offense of minor gravity, for which he was sentenced to 2 years in prison, the criminal record lasts a total of 5 years. If a person committed a particularly serious crime and was sentenced to 20 years in prison, he will be considered to have been convicted for 30 years.

Unlike expungement of criminal records for adults, minors have more lenient terms. In particular, children who have committed a crime of moderate gravity will be able to receive a certificate within a year after the end of the sentence. If a minor has committed a serious crime, he will have to wait 3 years for his criminal record to be expunged.

Otherwise, there are no differences between obtaining a certificate of no criminal record for children and adults. You can also achieve withdrawal. To do this, you also need to apply to the court with a corresponding application. The only difference is that the document based on the sample will be drawn up by parents or other persons responsible for the child.

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Conditions for early withdrawal

In order to have a criminal record expunged early, it is necessary that the convicted person have certain circumstances that allow the court to make a positive decision:

• the probationary period must be served for at least half of the established period;
• during the past period, the citizen serving him did not violate the established procedure and was not prosecuted for other illegal actions;
• in cases where having a criminal record interferes with the implementation of work activities, for example, does not allow you to leave the country due to work needs, etc.
• the form of punishment did not provide for restriction of freedom, but was imposed as a fine or community service;
• the damage caused to the injured party is fully repaid.

In order for a judicial opinion to be adopted in favor of the submitted petition, compliance with at least several points on the part of the convicted person will be required; one will not be enough.

Legal consequences of a criminal record

A convicted person acquires certain legal restrictions of a criminal, criminal-executive and general legal nature. This status is taken into account when determining recidivism and, as a result, increasing punishment. It also limits the rights to engage in certain types of activities, acquire citizenship, adoption and others.

After a sentence is passed, negative social and legal consequences occur in the life of the convicted person. A criminal record affects:

• increase in punishment;
• direction to the colony and the regime of stay in it;
• employment - its presence does not allow you to occupy certain positions (for example, in the police, prosecutor's office, etc.);
• applying for a weapons permit - you will definitely be denied;
• obtaining a loan - the bank will refuse to issue it if you have been convicted of committing economic crimes;
• traveling abroad, etc.

This list is not exhaustive.

Documentation

To exercise your rights to have your criminal record expunged, you must know what documents are needed.

When submitting papers with a request to expunge a criminal record, the convicted person will have to attach a package of papers in addition to the petition, such as:

• the verdict passed;
• confirmation that the sentence has been served;
• from the place of employment it is necessary to take a reference from the manager, naturally the text should be positive;
• confirmation of the fact of coverage of damages for the unlawful act committed.

During the trial, the court may also request other documents.

Sample application

When writing a document on the basis of which a meeting to consider a case on expunging a criminal record is opened, you should take into account the order of its preparation and the requirements for content:

• information about the court to which the petition will be sent;
• information about the person submitting it;
• information about when and for what the punishment was applied and to what extent it was executed by the applicant, that is, whether he served his sentence completely or was released early;
• The following is a request for the removal of a criminal record;
• facts in which a criminal record causes inconvenience in everyday life;
• a list of legislative acts confirming the right to have a criminal record expunged;
• a list of evidence and papers attached to the petition.

At the end of the document there is a signature and the date when the document was written. By contacting a law office, citizens can obtain from employees a sample petition to remove the consequences of criminal liability ahead of schedule.

Instructions

Expungement of a criminal record in court is provided for and regulated by the Criminal Code of the Russian Federation, in particular Article 400. Submission of documentation for consideration of this issue is carried out at the place of residence of the convicted citizen. The applicant must be present at the meeting; if this does not happen for any reason, the submitted application will not be considered. At the service itself, bodies such as the penal inspection should be present, exercising direct control over the convicted person.

ATTENTION !!! The decision to expunge a person’s criminal record can be made, as is most often the case where judicial practice is mentioned, by submitting a petition of the appropriate type to the courts, or by a decision of the magistrate, if a refusal is received from the first instance.

The process of expunging a criminal record consists of several stages, which include:

• a convicted person who has expressed a desire to have his criminal record vacated after writing a petition will have to appear in court explaining why his request should be accepted for execution;
• and it is also necessary to provide evidence that will be attached to the applicant’s case;
• then the court considers all the materials provided;
• after which the prosecutor speaks at the meeting and expresses his opinion on this issue (if, of course, the prosecutor is present at the meeting);
• then other people who have the right to express their opinion on the petition speak up
• After hearing all participants, the court makes a decision

The conclusion on expungement of a criminal record is made by the judge independently. If it is issued in favor of the applicant, then this information in the form of a resolution is sent to the body that supervises the convicted person.

If the decision is negative, the convicted person will be able to submit a second petition only after a year has passed. It is possible to submit before the established time period, but the court will not consider the documents and will immediately refuse.

During the hearing on the expungement of a criminal record, the responsibility for presenting evidence that forms the basis for its removal falls on the applicant. So, what can serve in favor of the convicted person:

• documentation that will serve as evidence that after release the person was not brought to any responsibility, be it criminal, administrative or any other;
• papers that positively describe the convicted person; they can be taken from the place of work, training or other organizations;
• testimony from the applicant’s neighbors, they can be given both in writing and orally when attending a court hearing, despite the fact that they are not witnesses, they are still counted in a positive way, and are also included in the case;
• testimony of the district police officer from the applicant’s place of residence, in this case he provides information about the behavior of the convicted person;
• characteristics from UII services.

ATTENTION !!! Removal of the existing judicial consequences returns to the citizen some constitutional rights in which he was limited, but the information itself that a measure of criminal liability was applied to the person is stored in the Information Center of the Internal Affairs Directorate.

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.

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, for the successful removal of a criminal record, to provide positive characteristics .

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 :

1. 
   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.

2. A petition to expunge a criminal record should not be written in cases where it is expunged early.
3. Sample petitions can be obtained from the court (at the entrance).
4. 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.
5. 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.

Is it possible to get a refusal?

Before filing a petition, a citizen must prepare all the required documentation and only then apply to the court.

But despite the availability of all the papers, the court may refuse such a request, but for this there must be grounds, which include:

• control of supervisory authorities is less than half of the period provided for by the Criminal Code
• the injured party has claims in the form of not fully repaid damage;
• The applicant was charged with minor offenses, fines, etc.

IMPORTANT !!! All court decisions are made on the basis of the facts and evidence provided by the applicant. The better his behavior, the greater the chances of a positive court decision.

Having a criminal record in a person’s life can play an extremely negative role, for example, when applying for a good position, a person is required to indicate the presence of a criminal record; if it is not expunged, this item may not play in favor of the person being employed. Therefore, at the first opportunity, citizens try to remove this stigma from themselves. But in order to do this, you must fully comply with the requirements established by law.

Conditions for expunging a criminal record

As a rule, people released from prison on parole can take advantage of this privilege. The conditions for early expungement of a criminal record are approximately the same as in the case of parole.

If a citizen’s request for parole is granted, then the expiration date of the criminal record begins to count from the day on which the person was released. Accordingly, it does not matter whether the perpetrator served 5 years for a crime of moderate gravity or was released on parole after 4 years. He will have to wait 3 years for automatic repayment.

So, if you want to get rid of an unpleasant “label” ahead of schedule, you need to show that you are taking the path of correction. You should not be observed for any offenses, including administrative ones. Accordingly, if you speed in a car and receive a fine from the traffic police, this will seriously complicate your prospects.

The court may take the side of the applicant if he is married and has minor children. The judge is also obliged to take into account the presence of relatives who are dependent on the plaintiff.

Socially beneficial activities can be an additional advantage. For example, if someone who wants to expunge a criminal record is a donor and regularly donates blood, takes part in landscaping activities, etc. For example, if they are going to build a playground in your house and you provide all possible assistance, the court will definitely take this into account. People who, after being released from prison, begin to engage in charity work are also encouraged.

Typically, this privilege is granted to persons released from prison on parole. In this case, for the premature expungement of a criminal record, conditions identical to those for cases related to parole will apply.

If the judge grants the applicant’s request for early expungement of the criminal record, then its expiration will be considered from the day the citizen is released. But it is also worth taking into account the fact that in order to fully expunge a criminal record, a person will have to wait for an additional period established by law; it depends on the severity of the crimes committed.

Note! To obtain the coveted permit, a citizen must become impeccable, from the point of view of legislation.

When making a decision, the judge will consider many factors:

• You cannot commit any administrative, much less criminal, crimes. Therefore, a traffic violator will receive a fine, and this will complicate the situation when considering the issue;
• Having a family with minor children can have a positive effect. In addition, if the convicted person has other dependent relatives in his care, then this will also play an important role in the early expungement of his criminal record;
• participation in socially beneficial activities will be of enormous benefit to the plaintiff. Providing all possible assistance in the construction of a playground, cleaning the territory, and beautifying the courtyards around houses;
• Such a criterion as providing charitable assistance to people in need is especially welcome.

The court will definitely consider and take into account all factors, but do not forget that much depends on the convicted person. One careless step and the judge will issue a refusal.

Note! The judge will make a decision in favor of the convicted person, if the latter has minor children or other relatives and dependents, if due to a criminal record they have a limited life history and are not able to provide for themselves.