What is a criminal record? The Criminal Code of the Russian Federation discloses the definition of this concept. However, Art. 86 of the Criminal Code of the Russian Federation indicates that a person is considered to be convicted from the time when the conviction of justice enters into legal force and remains in that position until the criminal conviction is withdrawn or canceled. These provisions of the law apply to all persons without exception. A citizen released from punishment will be considered as not convicted. Because such a rule is enshrined in Art. 86 of the Criminal Code.
A little about the main thing
In everyday life, citizens often come across the question of whether they have a criminal record. It is asked when applying for a job, in the case of filling out an application for a passport, when applying for a visa to another country, as well as in many other situations. By law, educational institutions generally do not have the right to accept persons who have a criminal record for certain offenses for vacant positions.
However, many citizens are not even aware of what this status means. Art. 86 of the Criminal Code clearly states that a person is considered to be convicted until the conviction is canceled or withdrawn. This means that the criminal liability for the crime committed by the guilty will be fully realized only after the specified legal relationship between the attacker and the state ends.
When taken into account
Art. 86 of the Criminal Code contains a clear indication that a criminal record is crucial even if a person previously convicted of a deliberate crime commits the same atrocity. After all, the special status of the person will be taken into account by the judicial authority when assigning a new punishment to the perpetrator. Because of this, an attacker can get a very serious time for what he did.
In addition, a criminal record has other legal consequences, which are taken into account in cases established by law.
Upon release from punishment
A person will be considered criminal. This is indicated by Art. 86 of the Criminal Code. It should also be noted that the court exempts a person from punishment due to the fact that he is subject to amnesty, in connection with an illness or a change in situation.
The timing
A person who has been convicted is convicted. However, such a special status is considered temporary. Therefore, it cannot be said that a person who has ever had a criminal record will no longer be able to live a normal and fulfilling life. Moreover, the law even allows you to get rid of this legal status ahead of schedule.
It should also be noted that Part 3 of Art. 86 of the Criminal Code indicates that the criminal record will be extinguished after a certain time after serving the sentence. The law in this case provides for the following terms:
- for people on probation - at the end of the trial period;
- Persons who received a milder sentence than imprisonment will be convicted one year after its execution;
- if a person was serving a term in a colony for carrying out acts of the least or moderate gravity, then after 3 years from the moment of his release, he will be considered as not convicted;
- repayment for grave deeds takes place 8 years after serving the term, and for grave deeds, even after 10 years.
Another important rule
In the event that a citizen, after serving his sentence, led a law-abiding lifestyle and did not commit other legal violations, as well as fully compensated for the damage caused by a criminal offense, then upon his application the judicial authority has the right to remove a person’s criminal record. Art. 86 of the Criminal Code also confirms the foregoing.If the court removes the criminal record from the person ahead of schedule, the person will be exempted from having a special legal status.
Comment
As mentioned earlier, a criminal record is a special legal status of a person who committed a crime and convicted of it by a judicial authority. It shall be redeemed after the expiration of the period established by law from the moment the person has actually served the sentence. This is stated in Art. 86 of the Criminal Code. The commentary of specialists written for this article confirms the above. In addition, a criminal record can be removed from a person ahead of schedule. This is done only by the court at the request of the guilty person.
In the event that a person after release has proved with his faultless behavior that he has embarked on the path of correction and has also compensated for the damage done, it is quite possible that the authority will meet him and free him from this legal status.
According to law
Withdrawn or canceled criminal record will not have those serious legal consequences for a person that are recorded in the Criminal Code. This is the law. Therefore, if a citizen with a canceled or withdrawn criminal record commits a criminal act again, then he will be sentenced as a person without this legal status.
Differences
A person is considered to be convicted until the moment when his criminal record is canceled in the prescribed manner or withdrawn in accordance with the law. This is indicated by Art. 86 of the Criminal Code. One can only agree with the comments on it. Also, do not forget that the removal of a criminal record is always carried out only by decision of the court, and repayment occurs automatically (after a lapse of time). Thus, one should not confuse the two indicated concepts, since these are absolutely not the same thing.
What difficulties may arise
Many citizens, especially employers, are very wary of people who once had a criminal record. Heads of departments most often refuse to accept such people into the staff, even to ordinary posts. Such actions by enterprise managers are almost always unlawful. Of course, if a person with a cleared or withdrawn criminal record comes to get a job in law enforcement agencies or in other state structures, then they will be denied access to work quite lawfully. But if a citizen wants to find a job at a factory or other private enterprise, then the head of the organization has the right not to accept him on the basis of the latter’s lack of professional skills.
It should also be noted that a person who once had a special legal status may appeal against a refusal to accept a job in court. In most cases, only an appeal to the competent authorities helps to solve the problems of these persons with employment.
Nuances
By law, people who have had a criminal record are not hired by educational institutions. Most often, the leaders of these organizations motivate their refusal by referring to articles of the Labor Code of the Russian Federation. According to the latter, people with a "dark past" can not only engage in raising children, but do not even have the right to be responsible for cleaning the premises of educational institutions. Nevertheless, the norms of the law do not allow only citizens convicted of certain crimes to work with minors, the list of which is also enshrined in the articles of the Labor Code.