If a person has committed the crime described in the Criminal Code, this can lead to a criminal record. It is repaid in a few years, and a citizen can feel completely free, with an unsullied reputation.
Redemption
The removal of a criminal record, or rather, its automatic repayment, occurs in accordance with the law and is determined by the following terms:
- at the end of the probationary period, if the punishment was conditional;
- one year after the end of the probationary period, if the punishment was less severe than imprisonment;
- if the punishment was imposed on the deed of minor gravity, then three years after serving the term;
- for serious crimes - five years after serving the term;
- convicts for especially serious crimes convictions are paid off ten years after serving the real term.
Differences between withdrawals and repayments
The repayment of a criminal record differs from the removal of a criminal record by several characteristic features:
- The repayment takes place automatically, the person does not do anything so that the criminal record is soon paid off. In some cases - with relapse, multiplicity of crimes or partial addition of punishments for acts - the repayment period is many years.
- The criminal record occurs only after any specific actions both on the part of the person himself and on the part of the state.
Thus, it is possible to single out the only factor that distinguishes even people who have a criminal record: those who are interested in withdrawing will not commit a new crime in 80% of cases, that is, relapse is practically excluded.
Positive characteristics
To understand how to remove a criminal record, it is necessary to refer to the source - the Criminal Code, namely, to Article 86. In the event that the convicted person had exemplary behavior, and after serving his term, he also compensated the damage caused to the victim, then the criminal record may be removed from it ahead of schedule.
In this case, a citizen must necessarily apply for the removal of a criminal record, and with a positive decision of the court, all legal consequences associated with an unpleasant past are also removed.
Amnesty
Withdrawal of a criminal record may also occur under an amnesty. The State Duma announces it for a specific category of convicts. In this case, the prisoner can be replaced by a milder, conditional sentence, and you can also expect full release. If the convicted person has already served his term and his criminal record has not been extinguished, but he falls into this category, the criminal record may be withdrawn earlier than the maturity date.
There are situations when a person falls into this category, but there is still a criminal record. In this case, he needs to apply to the court for the application of an amnesty act to him. However, these shortcomings are extremely rare. As a rule, a citizen is notified that he is amnestied by sending a notice via mail.
Pardon
Withdrawal of a criminal record ahead of schedule can occur through pardon. This act is carried out in relation to a certain person, unlike an amnesty. The pardon is carried out by the President and by the principle of action is similar to an amnesty. Thus, the punishment can be replaced by lighter conditions, or charges or criminal records will be dropped.
The act applies only to one person and is adopted subject to exceptional circumstances.
Supervision and criminal record
In addition to acts of mercy on the part of the country's leadership, there is another way to remove a criminal record ahead of time.As a rule, for a serious and especially serious crime, a former convict is assigned administrative supervision. This means that for a certain period of time he will be controlled by a local police officer. In this case, the countdown of the conviction begins at the moment when the convict went out of the gates of the colony. Do not confuse these concepts.
The period during which supervision is carried out is determined by the court at the request of the head of the colony. On average, for different categories of convicts this period is 3-6 years. The huge difference between the initial and final indicators shows the possibilities of administrative supervision, and how many years the former prisoner will be under it depends not only on the gravity of the crime committed, but also on the characteristics of the places of detention, as well as on the presence or absence of relapse.
If during that period of time, while a citizen is under supervision, he does not commit unlawful acts and will honestly fulfill all the requirements, he can be released from this supervision by a court decision ahead of time.
In this regard, if the judge considers it necessary and appropriate, a criminal record can be removed ahead of schedule in the courtroom.
However, the removal of supervision and criminal record is not the same thing, therefore, it is not worth counting on the fact that with the cancellation of one in the same way you can free yourself from the second. Surveillance is a close watch with a list of restrictions to prevent the commission of a crime. A criminal record is an ongoing criminal liability that ceases with the withdrawal or repayment of a criminal record.
Since a criminal record can be removed through a court of law only if there is no administrative supervision, care must be taken to ensure that the behavior of the former convict is worthy. After half the administrative limit, you can safely apply to the court with petitions.
Court session
The criminal record is removed in accordance with Article 400 of the Code of Criminal Procedure. Both the person in respect of whom the proceedings will be considered may petition, as well as the judge. The prosecutor will participate in the meeting (according to the requirements of the article), who will be notified of the receipt of the application.
Even before the petition is filed, it is necessary to consider whether the prosecutor is loyal to the former convict, since it will be very difficult to remove a criminal record if there is a hostile attitude.
During the meeting, the presence of the former convict is mandatory, as the judge will first hear his explanations. Then the prosecutor speaks, the materials are examined, and persons who can also be heard at the hearing can be invited.
If you refuse to remove a criminal record, you can try again in 1 year.
Certificate of no criminal record
In the event that the court was successful and the criminal record was removed, after a while you can order a certificate of a certain type in the information-analytical center at the place of residence, since it is possible to find out if the criminal record has been removed only by the indicated method.
The applicant (the one who needs his own certificate of no criminal record) comes with a passport to the police department. If there is no such department in the city of residence, employees will send it to the desired address.
The document is prepared from a month to two, is provided completely free of charge. Its validity period is 60 days. If no one came for the certificate, after this period of time it is written off to the archive.
Employment
In fact, it makes no sense to wait until the criminal record is paid off automatically. Its presence will become a big obstacle when applying for a job, when traveling abroad, etc. Therefore, the removal of a criminal record in court is the most reliable method.
However, not everything is as rosy as we would like. According to a study conducted by the SuperJob.ru portal, only 8% of all 500 respondents would agree to hire a person with an outstanding criminal record, and 67% would not risk it.
This suggests that it is necessary to apply to the judicial authorities as soon as possible, since a criminal record can be removed ahead of schedule only through a court if there is no amnesty or pardon.
GIATS MIA
The information-analytical center, whose main office is located in Moscow, has all the information about citizens with criminal records. She never leaves. If a citizen who has removed a criminal record ahead of schedule or has extinguished it a very long time, tries to get a job in a serious position, he can be checked through this center.
Therefore, it is important to prepare another petition before removing a criminal record - to delete data from the information database. It is not a fact that the same judge will consider it, but the citizen will already be ready for the next stage. It is only necessary to remember that removing information from the database can be a rather time-consuming process, since not all judges are ready to go forward, although they are required by law.
You can delete the links in the IT center for at least 60-100t, try writing nesudimost@yandex.ru