A person during his life commits many deeds, which he then regrets. And I would very much like that these sins did not remind themselves, especially if this is a crime, and the former prisoner does not want to return to the walls of the colony.
There is such a thing as a procedure for extinguishing a criminal record. After a certain time after the expiration of the term - real or conditional, the criminal record is removed from the person and he is considered criminal record, that is, all legal consequences associated with this status are removed.
Single crimes
For different acts, the extinguishment of a criminal record takes place at different times depending on the number of episodes in the case, that is, according to the number of articles on which the convict is serving a term. If the convicted person is in a correctional facility for full time or has conditional term The conditions for extinguishing a criminal record are as follows:
1. Acts for which a conditional sentence or a term of up to three years in prison may be imposed shall be considered a crime of minor gravity. Therefore, under Article 86 of the Criminal Code of the Russian Federation:
- Under conditional punishment, a criminal record is withdrawn when the probationary period ends.
- In the real term, the criminal record is canceled at the end of the real term for three years.
2. For crimes of medium gravity, for which the punishment is assigned in the form of a real term of up to five years in a colony, the term for the repayment of a criminal record shall commence at the end of a three-year period.
3. A criminal record for serious crimes punishable by up to ten years in prison shall be redeemed after eight years.
4. For particularly serious crimes, a conviction is paid off ten years after the real term of serving a sentence in a colony (usually a strict or special regime) has ended.
Thus, a person who has violated the law according to only one of the articles of the criminal code and then did not commit any other atrocities can be released from the status of a convicted citizen after the time established by law.
Set of sentences
There are also multiple crimes that vary in time of commission. Therefore, the conditions for the repayment of a criminal record are somewhat different from the usual ones.
When considering sentences on the basis of sentences, a peculiarity should be noted both in terms of time difference and crime categories. At the same time, the remainder of the previous sentence is partially or fully joined to the new term.
In this case, it is worth talking about the multiplicity of convictions, and each is canceled separately from each other.
However, for the first crime, the conviction term cannot be settled before the punishment for the following crimes ends (in the aggregate of sentences). Thus, the course of the repayment term is suspended until the sentence is fully served for subsequent acts.
Set of crimes
The totality of crimes also has its own characteristics in terms of sentencing, and in terms of criminal records.
A set of crimes is considered as several crimes tied to one time period. Therefore, in court, punishment is imposed taking into account all the acts (articles) that took place. In this case, they speak of a combination of criminal convictions, since they all arise at the same time.
The term for the repayment of a criminal record of the Criminal Code of the Russian Federation shall be determined in accordance with the gravity of the acts for which the offender has been convicted. If one of the crimes is of minor gravity and the rest are serious, the first conviction will be cleared faster (after 3 years) than the other (after 8 years).Thus, article 86 in part 3 under paragraphs c and d will be executed.
In the event that the acts are of the same nature (for example, serious), and the punishment is imposed by partial or full addition, the convicted person is serving his sentence in the colony. At the same time, the conviction term expires simultaneously for all crimes.
Relapse
With such a multiplicity of crimes as recidivism, a criminal record can be canceled in the same way as with a combination of sentences. However, given the psychology of a recidivist who does not seek to improve by committing more and more crimes (as a rule, in one criminal niche), we can say that the fact of extinguishing a criminal record will never occur.
There are, of course, exceptions - people who have committed more than one crime and are recognized as malicious violators of the law are on the path to correction. After a certain period of time, the criminal is extinguished, and the person begins life from scratch.
Grant of parole
There are many examples in the penitentiary practice when a prisoner (or having a conditional sentence) respects the internal order of the colony and with all his behavior shows that he has embarked on the path to correction.
In this case, the convicted person may be released ahead of schedule. The calculation of the period through which the criminal record is paid off is determined by the Criminal Code of the Russian Federation from the moment of release from the colony.
Conditional term
Conditional punishment can be attributed to the category of punishments with relaxed conditions, however, there is no connection with serving a sentence in a correctional institution. The convicted person is given a trial period during which he performs the actions prescribed by the court, namely: he gets a job or continues to study at an educational institution, does not have the right to leave the city / region and other regulations without notifying the precinct.
As soon as it ends probation, at least one year must pass for the conviction to be paid off, since conditional punishment is usually prescribed for acts of minor gravity.
Juvenile conviction
Juvenile offenders may also be sentenced to imprisonment while in educational colony. As a rule, the contingent of the correctional institution is particularly difficult due to the low level of education and mental abnormalities in the development of juvenile prisoners.
However, prison staff are doing everything possible to correct the deviant behavior of adolescents. Therefore, the procedure for extinguishing a criminal record occurs in these cases faster than that of an adult population, namely: one year after the end of the sentence, if an act of small or medium gravity was committed. For convicts of a felony, a criminal record can be annulled after three years.
Only the circumstances of the crime and its possibly affective nature, as well as the psychology of the personality of adolescents in terms of instability of behavior at this age speak in favor of such a period.
Withdrawal of conviction
Consideration should be given to cases where a criminal record can be removed. Redemption and removal of a criminal record are different concepts, so the conditions for such procedures will be different.
Withdrawal occurs if the convicted person makes it clear that he has corrected himself and is no longer going to return to the criminal past, but the period when the criminal record can be canceled automatically has not yet arrived.
In this case, at the request of the convict or the employer, the court decides to remove the criminal record ahead of time if he recognizes the person as not dangerous to society (Article 86, part 5).
Thus, the removal of a criminal record is the early repayment of a criminal record at the request of the convicted person, if at least half of the period specified by law for the repayment has passed.
The procedure for considering applications for the removal of a criminal record
As stated in Article 400 of the Code of Criminal Procedure, consideration of a convict’s statement takes place only with his participation. The prosecutor and witnesses by the applicant may also be present in court.
The application is submitted in the following form:
A maximum of documents attesting to the correction must be attached to it. It can be characteristics from the local, neighbors or the employer. In addition, it is necessary to include in the package of documents a certificate of release, copies of sentences at all stages of the consideration of the case (up to cassation appeals), decisions and certificates from the authorities on refusal of anything in connection with a previous criminal record.
Also, the application must indicate what obstacles to the normal functioning of the applicant arise due to the fact that he has a criminal record.
Redemption and removal of a criminal record shall be by court order. If the court rejected the application, you can re-apply only one year after the relevant decision is made. The application form and the attached documents remain the same, unless otherwise provided by law.
Certificate of no criminal record
The favorable course of the period after being released from the correctional institution implies abstinence of the former offender from new criminal offenses. Therefore, the cancellation of a criminal record of the Criminal Code of the Russian Federation is considered as a specific factor testifying to the correction of a former convict.
Upon the expiration of the term for the repayment of a criminal record, at the request of a citizen, a certificate of the absence of a criminal record may be issued. It may be needed when applying for a job or when traveling outside the Russian Federation, as well as such a certificate is required by the guardianship authorities when adopting a child.
The document is issued completely free of charge in the local authorities of the Ministry of Internal Affairs within 1 month from the date of application.
Often such a certificate is called a "certificate of repayment of criminal record." In fact, no one is preparing such a document. Redemption of a criminal record at the end of the term occurs automatically, by decision of the court. The relevant document remains on hand. Therefore, the requirement of a certificate specifically about the repayment of a criminal record is unlawful.
Article 86 says that the cancellation of an existing criminal record cancels the consequences associated with it, and therefore a citizen has the right to non-disclosure of information that he had previously had a criminal record.
In conclusion, I would like to say that in accordance with the Criminal Code, the cancellation of a criminal record is the only measure regarding the ability of citizens to start a new life in the literal and figurative sense of the word.
Whatever the offender, he always has the opportunity to improve, although the modern penal system does not contribute to this.
