LawCriminal law

Withdrawal of criminal record

The conviction is the legal status of the person who committed the crime, convicted to a certain punishment, in which a number of his rights are limited. For example, such a person can not own firearms, be an adopter, be elected to state bodies, occupy certain positions (for example, related to disposing of material values - for persons who have committed self-serving crimes, and also to be a judge, prosecutor, lawyer, ATS officer ) etc.

The presence of a criminal record can be the basis for the failure to provide a loan to the bank, as well as the unofficial reason for refusing to work. In addition, it is important to establish a relapse of crime. The presence of a criminal record is an aggravating circumstance, which is taken into account by the court when assigning punishment to the accused. Also, if the crime is committed again, Part 2 of the Special Part of the Criminal Code can be applied, for example, in the case of theft, which contains more severe sanctions.

There is a criminal record after the sentencing, continues during the serving of the sentence, and also for a certain period established by law.

Redemption and removal of a criminal record - 2 ways to stop it.

In the first case, the action stops automatically. According to part 3 of article 86 of the Criminal Code, the conviction is canceled :

  • Persons sentenced probation after a probationary period;
  • Persons sentenced to sentences that are not related to deprivation of liberty (penalty, restriction of liberty, arrest, etc.), one year after serving their sentence;
  • Persons who committed crimes of small, medium gravity, sentenced to imprisonment - after 3 years;
  • Persons convicted of serious crimes - after 6 years;
  • Persons convicted of especially grave crimes - in 8 years.

In the second case, a court decision or an amnesty order is necessary.

How to remove a previous conviction?

The Criminal Code provides for this possibility. Anyone wishing to remove it ahead of time has the right to apply with a petition to the court. It does not matter, the crime of which category was committed, most importantly, that he served his sentence in full, including additional.

Withdrawal of a criminal record is made only in the event that the behavior of the person who filed the petition was impeccable. In addition, there should be a period of time that would testify to this, usually not less than 1/2 of the time stipulated in part 3 of Article 86 of the Criminal Code. The concept of "impeccable behavior" by the legislator is not disclosed. But in making a decision, the court can take into account the existence of administrative offenses, compensation for harm caused in connection with the crime, characterizing the material collected by ATS officers, the presence of underage children in care, 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 require characteristics from the place of residence and work. In this case, it is more likely that they will be positive.

Withdrawal of the criminal record ahead of schedule, according to art. 74 part 1 of the Criminal Code, is possible with a conditionally convicted person who, through his behavior during the probationary period, has proved his correction. In such a case, on the recommendation of the body exercising control over his conduct, the court may by a ruling cancel the conditional conviction of that person and remove the conviction. A mandatory condition - must expire at least half the probation period.

Repayment and removal of a criminal record shall annul all arising legal consequences. That is, it can not be taken into account when appointing a person to punishment for a newly committed crime, when establishing the presence of a relapse. With its repayment (withdrawal) also restrictions on a number of rights of a person cease to operate.

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