How to calculate the expiration date of a criminal record. How to remove criminal record data from the Ministry of Internal Affairs database

Therefore, this is a criminal record, which, if one fails to comply with one’s obligations during the period probationary period may become real. Despite the fact that a suspended conviction implies the possibility of being released, it imposes certain restrictions on the lifestyle of the convicted person until the end of the sentence. This:

• obligation to notify the relevant authorities when changing location permanent place residence, work or study;
• risk of reduction if he is military;
• lack of voting rights;
• the need for official employment;
• impossibility of traveling outside the country.

IN the latter case There may be exceptions if a close relative becomes seriously ill or dies. The decision to leave is made by the relevant authorities after submitting an official request indicating the destination, purpose of the trip and time of absence.

The difference in legal concepts between an expunged and expunged criminal record

The concepts of “criminal record” and “conditional criminal record” are equivalent for many citizens, although there are significant differences between them. To understand them, in this article we will analyze both terms, and also determine in which cases a suspended conviction is imposed on the perpetrator, and how it can further affect his personal life and career.
Contents of the article ○ What is a criminal record? ○ What is a suspended sentence and when is it assigned? ○ Is a suspended sentence a criminal record? ○ Clearance of a criminal record when suspended sentence. ○ Legal advice. ○ Video. ○ What is a criminal record? This concept is disclosed in the Criminal Code of the Russian Federation. A person convicted of committing a crime is considered to have been convicted from the date of entry conviction courts in legal force until the criminal record is expunged or expunged.

Is a suspended sentence a criminal record? What is a criminal record?

Attention

The Code takes into account the recurrence of crimes, the imposition of punishment and entails other legal consequences in cases and in the manner established by federal laws (clause 1 of article 86 of the Criminal Code of the Russian Federation). In accordance with this law, this is a temporary status of a citizen, which is assigned to him until the end of the probationary period appointed by the court.

Despite the fact that many believe that a criminal record is a lifelong stigma, in fact, after expungement, it only affects public assessment. Return to contents ○ What is probation and when is it assigned? If, having assigned corrective labor, the restriction on military service, detention in a disciplinary military unit or imprisonment for up to eight years, the court will come to the conclusion that it is possible to correct the convicted person without actually serving the sentence, it decides to consider the imposed punishment suspended (clause 1 of Art.

Can I be fired because I have a criminal record?

When does a criminal record begin and end? As soon as the legal force of the sentence comes into force, the criminal record begins. The convicted person is taken into custody or given a suspended sentence.

The end of a criminal record is possible after:

1. Full serving of the sentence in custody.
2. Withdrawals.
3. Repayments.

But these grounds differ from each other in terms of their origin and application. What is the difference between expungement and expungement Expungement of a criminal record is terminated automatically after the period established by law, which does not require a special court decision, also after the end of the probationary period and serving the sentence.

All the most important points about removing and expunging a criminal record: terms and consequences

Important

Also, a criminal record can act as an aggravating circumstance if a person commits a repeated crime. Persons with a criminal record for committing grave and especially grave crimes, intentional crimes against minors, as well as repeat crimes, may be subject to administrative supervision.

It consists of a number of restrictions regarding a person’s place of stay, his travel to another territory, etc. In addition, as part of administrative supervision, a person must periodically visit the police at his place of residence.

In the event of expungement or removal of a criminal record, a person begins to be considered not involved in criminal liability. The criminal record is expunged upon expiration certain period the time that has passed since the person 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.

Deadline for expunging a criminal record and how to expunge it

For example, after a convicted person has served a certain term in prison for an act light weight, the rest was replaced by correctional labor. Consequently, the period of criminal record after the end of the punishment will not be 1 year, as it would be after correctional labor, and 3 years

In relation to imprisonment for a minor crime.

Criminal record periods for minors For persons who have violated the law under the age of 18, less long terms when a criminal record is considered expunged (Article 95 of the Criminal Code). Preventive measures Duration of criminal record after serving the sentence (years) Lighter than imprisonment 6 months.

Info

Imprisonment for a minor crime or moderate severity 1 grave or especially grave 3 In addition, the presence of convictions for acts committed by a person under 18 years of age does not affect the definition of relapse. In relation to other circumstances, the general provisions of Art.

86 of the Criminal Code.

How to cancel a suspended sentence and expunge a criminal record early

If the convicted person established by law order was released early from serving a sentence or unserved part punishment was replaced by a more lenient type of punishment, then the expiration period of the criminal record is calculated based on the actually served term of the sentence from the moment of release from serving the main and additional types punishments. 5. If the convicted person behaved impeccably after serving his sentence, then, at his request, the court may remove his criminal record before the expiration of the criminal record. 6. Expungement or removal of a criminal record cancels all legal consequences associated with a criminal record. You did not indicate when the sentence was, please specify the year.

Is it possible to remove criminal record data from the database? When is a criminal record removed after suspended sentence, its presence still leaves a mark. Yes, according to the law it was removed or extinguished, but the Ministry of Internal Affairs database retains the information.

A person who decides to get a job Good work When filling out an employer's application form, you may not indicate it, considering it cancelled. And he will be “pleasantly” surprised when this fact is pointed out to him in his biography.

Even a conviction of 10-20 years will not remove her from the database. People are confused whether this is fair, how to remove suspended conviction from the database? In theory, such a possibility exists, but in practice it is very difficult to implement.

Am I considered to have a criminal record if the criminal record is expunged?

The Criminal Code does not require that the countdown of a criminal record be interrupted when the guilty person commits new illegal acts. Consequences of acquiring the status of a convicted person:

• A ban on working in a certain position and in a certain field.
• The obligation to indicate whether you have a criminal record when filling out official forms.
• Prohibition on electoral activities.
• Convicted under grave article according to Art.
  23 Federal Law of March 28, 1998 do not serve in the army.
• Prohibition on adoption of a child.
• According to the sentence, during the period of conviction, restriction of freedom at the place of residence may apply, and it may also be established administrative supervision with the need to report to the police department.
• Restrictions on the acquisition, possession, and storage of firearms.

Early repayment The Criminal Code provides several options for expunging a criminal record before the expiration of the due date:

1. Amnesty (part.

Or a proposal for cooperation in collecting personal information about candidates for workplace. But it is not a fact that the Information Center of your city will cooperate with you and provide such information. When a person has been convicted of a crime, he is said to have a criminal record. Its presence has a negative impact on Everyday life. Over time, a criminal record can be expunged or expunged. After this, the person is fully restored to his rights.

Criminal record should be understood certain status from a person who committed a crime and suffered punishment for it. Having a criminal record largely limits his rights and opportunities.

Having a criminal record, a person cannot hold certain positions or carry out certain activities. In addition, if a person has a criminal record, he may be denied entry into a particular country.
The following is submitted to the judicial authority for consideration of the case:

• submission submitted by the supervisory inspector;
• the application must be submitted in person free form according to the presented sample, but it is better to involve a lawyer for this.

Within ten days, these documents are considered by the court. If the submitted documentation is compiled correctly, it includes necessary information, does not contain offensive language and the deadlines for the petition are met, then it is possible to accept the case for proceedings, where:

1. The applicants' appeal to the court is heard.
2. Documents are attached to the case.
3. The evidence provided is studied and analyzed.
4. A representative of the prosecutor's office is heard.
5. The witnesses listed in the attached papers are being interviewed.

After which the court makes a decision and draws up a resolution.
Preventive measures Period of criminal record after serving the sentence (years) Less severe punishment than imprisonment 1 Imprisonment for light crime or medium degree 3 grave 8 especially grave 10 If the convicted person was not punished for reasons beyond his control, he is recognized as not having been convicted after the statute of limitations for the execution of the sentence has expired. Calculation of criminal record in case early release When released from a preventive measure before the end of the term imposed by the sentence, or when the remaining part of it is replaced with a less strict one, the unserved part is not included in the overall criminal record. That is, the period established by law begins to count from the moment the punishment actually ends. However, the duration of this period is determined according to the initial measure specified in the verdict (clause 1 of the Supreme Court Regulation of March 18, 1970).

Removal of a suspended conviction is early termination the status of a conditionally convicted person if the perpetrator of the crime took the path of correction, atoned for his guilt and fulfilled the entire scope of the duties imposed on him by the court. This procedure carried out exclusively in judicial procedure on the initiative of the convicted person.

Conditions for removing a suspended conviction

Early removal of a suspended conviction can only be applied in cases of impeccable behavior of the convicted person. The conditions for the removal of punishment and termination of the status of a convicted person include:

• absence from the actions of the convicted person after his sentencing illegal actions, including administrative offenses, drives, conflicts;
• positive reference from place of residence, work, study;
• compliance with all obligations imposed on him by the court, including active actions for compensation for damage caused by a crime;
• compliance with all rules provided for suspended sentenced persons, including regular and timely appearance before the Penal Inspectorate;
• recognition of one’s own guilt, a critical attitude towards the offense he committed and active repentance.

There is one more condition under which it is possible to expunge a criminal record if suspended sentence. So, early repayment a conditional conviction is possible only after the expiration of half of the probationary period assigned by the court verdict.

Procedure

As mentioned above, the convicted person himself can initiate the removal of a criminal record. To do this, the perpetrator of the crime must submit a petition to the bodies of the Criminal Executive Inspectorate to remove the suspended conviction. This document must contain:

• information about the convicted person;
• information about the territorial authority of the UII to which the application is sent;
• a request to send a motion to the court to expunge a criminal record;
• motivation for the request: information about repentance, admission of guilt, compensation for damage caused by the act, other reasons that may serve as a basis for withdrawal.

The text of the document may also contain references to criminal and criminal norms. procedural legislation. The petition must also be accompanied by documents indicating that the convicted person has fulfilled all the conditions under which a criminal record can be expunged.

The petition sent by the convicted person is considered by the Criminal Executive Inspectorate, and if all necessary conditions, The UII gives an opinion on the possibility of expunging a criminal record and prepares a corresponding submission to the court. If the inspectorate refuses to submit a report, the convicted person may submit a petition to expunge the criminal record to the court independently.

You need to know what if established by the court the period of probation has expired, then there is no need to send a petition and presentation to the court. Expiration of a suspended conviction ahead of schedule is possible only during the period of validity of the sentence imposed by the court.

How to expunge a criminal record through court

An essential condition for considering a request to expunge a criminal record early is mandatory presence in the court of the convicted person himself. Without his participation, the case cannot be considered.

Clearing a criminal record with a suspended sentence involves mandatory participation representatives of the Criminal Executive Inspectorate are also involved in the case. The prosecutor may also be involved in the case.

Positive consideration of a request to expunge a criminal record implies the cancellation of all consequences for the person convicted of committing a crime. After the court decision enters into force, the criminal record will be considered cleared, accordingly, the person will be considered not to have been convicted, and the obligation to appear at the police department will also cease.

If the court refuses to satisfy the petition to expunge the criminal record, this does not deprive the convicted person of submitting the petition again. Again, the question of how to remove a suspended conviction may be raised before the court and the Criminal Enforcement Inspectorate no earlier than in a year.

As a rule, the removal and termination of a criminal record raises many questions both among the convicted themselves and their relatives. The lawyers on our site will help you understand all the nuances of criminal and criminal procedural legislation. Lawyers and attorneys with extensive experience in cases of this category will provide services such as:

• consultation and clarification on issues of criminal law and procedure;
• assistance in drawing up a petition to expunge a criminal record;
• collecting evidence and documents to attach to the application;
• assistance in preparing for court hearings.

Hiring the services of a lawyer and drafting all documents correctly makes it possible to quickly expunge a criminal record. In addition, on our website you can get legal advice free of charge and online.

Early expungement of a criminal record is quite possible; the advice and assistance of a competent lawyer will help to quickly consider the case.

Having a criminal record always entails consequences. And it doesn’t matter at all whether the person served real time in prison, or he was given a suspended sentence. As with any action, there will be consequences.

The legal status of a person who has broken the law and received a guilty verdict from a court is called a criminal record (Article 86 of the Criminal Code of the Russian Federation).

There is also a procedure for expunging (removing) a criminal record, after which the fact of a previous legal conviction can affect a person’s characteristics and can also be taken into account in case of a repeat offense.

In general, a criminal record until it is vacated is taken into account in the following cases:

• In relation to the classification of crimes against minors with violation of their sexual integrity.
• When determining recidivism in a certain type of crime, when the penalty is calculated based on the presence of previous convictions.
• When assigning punishment to people who are given a suspended sentence based on a combination of sentences.
• When choosing the type of correctional institution.
• During the establishment of correctional supervision for certain persons released.

A previously obtained criminal record becomes a virtually insurmountable obstacle for such cases as:

• Exemption from punishment for crimes of minor and medium gravity, with significant change circumstances, reconciliation of the parties, active repentance.
• Spread to convicted person retroactive effect law (Part 1 of Article 75 of the Criminal Code of the Russian Federation).
• Class certain types activities.

From the above, according to the Constitution of the Russian Federation, some legal contradictions. After all, initially everyone is equal before the law. And when taking into account criminal records, the constitutional rights of citizens are superficially violated. But the legislators resolved this contradiction in this way: the law of December 8, 2003 N 161-FZ was adopted, which states that a previous conviction is not a qualifying feature for making a decision in the field of crimes of minor gravity, even when a person was given a suspended sentence .

This contributes to the full realization of the rights of citizens who have committed minor and insignificant offenses. But it limits constitutional rights those who have broken the law on serious charges.

In Art. 86 of the Criminal Code of the Russian Federation contains information about the circumstances of expungement of a criminal record. Given legal status is repaid in the following cases:

• Upon expiration of the probationary period of a conditionally convicted person.
• After a year has passed after serving the sentence or its expiration for persons sentenced to mild punishments.
• After three years have passed after serving in prison for persons who were convicted of crimes of minor and moderate severity.
• After eight years for those who were convicted before 08/03/2013 for crimes classified as serious.
• After six years for persons convicted before the adoption of the Federal Law of July 23, 2013 N 218-FZ, and convicted of serious crimes.
• After ten years have passed after serving the sentence for persons who have committed especially serious crimes.
• Immediately, as soon as a person serves a lenient sentence, when replacing part of it community service and other additional types.

In addition to all this, early expungement of a criminal record is also possible. To undergo such a procedure, the convicted person must neutralize the harm caused by him. He is also obliged to lead an impeccable lifestyle and not commit offenses again.

What rights are limited by a criminal record?

Article 55 of the Constitution of the Russian Federation contains information that states that a person’s rights can only be limited federal laws. These restrictions may apply both after a criminal record has been expunged, and only during its expungement. Prohibitions may apply as follows:

• The ban can be lifelong if a person is applying for a position in government or law enforcement agencies, and at the same time had a previous criminal record.
• The ban on committing crimes against minors may extend to the areas of pedagogy, culture, sports, social protection and art. A person will not be allowed to engage in these types of activities after committing crimes involving children.
• Restriction of voting rights, according to clause 3.2 of Art. 4 Federal Law "On Basic Guarantees voting rights and the right to participate in a referendum of citizens of the Russian Federation." When such a restriction is imposed, a person cannot “vote” and be elected to government bodies management.

In addition to direct legal consequences, a criminal record has indirect consequences, which can be surprisingly discovered when applying for a job in a serious organization, traveling abroad, or when trying to organize your own business. Business reputation A previously convicted person may also suffer if he is allowed to engage in those activities in which he committed a crime.

The moral stigma, which, unfortunately, remains on a person after he has served his sentence and expunged his criminal record, will accompany him throughout his life. And if such a person happens to participate in court hearings as a witness or plaintiff, then the attitude towards his words will be negative. Although formally, such a person can and should defend his rights in court.

12/07/2017, Sashka Bukashka

At repeated commission crimes during this period may have consequences in the form of application of the rules on recidivism. The expungement of a criminal record after the expiration of the period established by law means the elimination of all legal restrictions. He talks about this.

However, the information is still stored in the Ministry of Internal Affairs database and can be found, for example, when applying for a job. How to remove a criminal record from the Ministry of Internal Affairs database completely, as if it never existed? Many people are concerned about this question, however, the answer to it is disappointing: there is no such method, the data will be saved in the database. By the way, if you are offered to clear this database for a similar fee, then do not rush to withdraw funds from bank account- most likely you are dealing with scammers.

So, the Ministry of Internal Affairs file is indestructible, but, for example, repayment of the consequences of this status is possible, including early.

How to remove the consequences of a conviction

It is not possible without fulfilling the following conditions:

• the punishment has already been served;
• the citizen does not violate the rules public order, leads a successful labor activity and is positively characterized by place of work or residence;
• does not miss visits to the penal inspection authorities (CII);
• repents of what was done;
• strictly fulfills all obligations imposed by the sentence.

The expungement of a criminal record after serving the sentence occurs within the established legislative bodies deadlines. For example, three years after leaving established punishment for crimes of minor gravity. This is done at the request of a citizen.

We will talk about drawing up a petition in more detail below.

What to do if you are on probation

The expungement of a criminal record during a suspended sentence occurs after the expiration of the probationary period established in the sentence. This general position, established by Art. 86 of the Criminal Code of the Russian Federation. However, the Criminal Code allows it to be removed before this moment, that is, ahead of schedule. The court may accept similar solution based on the following data: the convicted person proves by his behavior that he has realized the gravity of his offense, has repented and is ready to make amends for the consequences with action. That is, for example, if a citizen fully compensated for the harm caused, as stated in the verdict.
However, two conditions must still be met:

• half of the probationary period, established by the decision court must have already passed by the time the petition is filed;
• The authorities monitoring the behavior of the convicted person must present to the court a corresponding presentation on the person (in accordance with judicial practice).

This is an incentive. Therefore, when considering such an aspect as expunging a criminal record, the deadlines are important, but it is much more important to prove your correction.

Clearing a criminal record through court

It is regulated. The review is carried out by the court of the level at which the verdict was passed (magistrate, city or district court) at the place of residence of the convicted person. The presence of the latter is mandatory, in otherwise the application will remain unconsidered. The prosecutor may not appear, but representatives of the Criminal Investigation Department must definitely appear.

The meeting goes through the following stages:

• oral explanations from the applicant himself;
• presentation of written evidence, statements (recommendations,);
• research of all data on the case;
• hearing the opinion of the prosecutor, if present;
• listening to the opinions of other interested parties;
• decision-making;
• its announcement.

If the decision is positive, then it is also sent to the UII department. And if you are refused, then you can remove your “sins” again only after a year - also by applying to annul the consequences of the conviction.

Application details

What should an application for expungement of a criminal record contain, a sample of which is presented below:

• data court and the convicted person;
• grounds for removal of special status;
• directly requesting it;
• legal basis for the position (desirable);
• it is also recommended to give reasons why this status interferes with the person’s normal functioning;
• list of attached documents.

The following must be attached to the application:

• a copy of the verdict;
• certificate of actual serving of the sentence;
• characteristics from place of work and residence;
• evidence of damages.

Use the application form, it is convenient and effective.

It is impossible to completely remove all information from the Ministry of Internal Affairs database, but you can live with this, using your civil rights.

Current criminal law Russian Federation defined legal meaning criminal record and criminal legal consequences its repayment or withdrawal.
A criminal record is a legal consequence of serving a sentence for a crime committed involving the imposition on a person certain restrictions criminal law and general. General restrictions related to a criminal record are limited only to restrictions on employment provided for by some departmental acts, in particular, in limiting the right to work in law enforcement agencies.

Article 86 of the Criminal Code of the Russian Federation “Criminal record”

1. A person convicted of committing a crime is considered to have a criminal record from the day the court’s conviction enters into legal force until the criminal record is expunged or removed. A criminal record in accordance with this Code is taken into account in case of recidivism of crimes and when assigning punishment.
2. A person released from punishment is considered to have no criminal record.
3. A criminal record is expunged:
a) in relation to persons on probation - after the expiration of the probationary period;
b) in relation to persons sentenced to more than soft species punishments other than imprisonment - after one year after serving or execution of the sentence;
c) in relation to persons sentenced to imprisonment for crimes of minor or medium gravity - after three years after serving the sentence;
d) in relation to persons sentenced to imprisonment for serious crimes - after six years after serving the sentence;
e) in relation to persons convicted of especially serious crimes - after eight years after serving the sentence.
4. If a convicted person, in accordance with the procedure established by law, was released early from serving a sentence or the unserved part of the sentence was replaced with a milder type of punishment, then the period for expunging the criminal record is calculated based on the actually served term of the sentence from the moment of release from serving the main and additional types of punishment.
5. If the convicted person behaved impeccably after serving his sentence, then, at his request, the court may remove his criminal record before the expiration of the criminal record.
6. Expungement or removal of a criminal record cancels all legal consequences associated with a criminal record.

In accordance with Part 1 of Article 86 of the Criminal Code of the Russian Federation, the initial and final moments of the state of criminal record are established. It is determined that a person is considered to have been convicted from the day the conviction comes into force, and ends with its expungement or withdrawal. It is during this period that restrictions of a criminal law and general nature apply. In addition, the same part of the article indicates the criminal legal consequences of a criminal record, which manifest themselves in two forms.
Firstly, a criminal record is taken into account when establishing simple, dangerous and especially dangerous recidivism and when assigning punishment for these types of recidivism (Articles 18 and 68 of the Criminal Code of the Russian Federation). Secondly, the presence of a previous criminal record is taken into account when assigning punishment, since it is an aggravating circumstance, which is provided for in paragraph “a” of Part 1 of Article 63 of the Criminal Code; persons with a previous criminal record, when sentenced to imprisonment, are sent to colonies with more strict regime content.
In addition, the presence of multiple convictions for the same or similar crime in some cases affects the classification of the crime. For example, in paragraph “c” of Part 3 of Article 158, paragraph “c” of Part 3 of Article 159, paragraph “c” of Part 3 of Article 161 and some other articles of the Criminal Code of the Russian Federation, theft, fraud, robbery by a person who has two or more convictions for theft or extortion is recognized as a crime committed under especially aggravating circumstances.
Part 2 of the article contains a very important provision from the point of view of human rights - persons released from punishment are considered not to have been convicted. The legislator has in mind cases where a person has not served a sentence at all for the crime he committed, i.e. was completely exempt from punishment. In all other cases, a person’s criminal record can either be expunged or removed, as a rule, after certain period.
Expungement of a criminal record is its automatic cancellation upon certain conditions. The conditions for such repayment are provided for in clauses “a” - “e”, part 3 of this article.
A criminal record is expunged regardless of the category of crime committed in two cases:
- upon expiration of the probationary period in relation to persons on probation;
- after one year has passed after serving a court-imposed sentence that does not involve imprisonment in relation to persons sentenced to more lenient penalties than imprisonment.
In all other cases, when a person was sentenced to imprisonment, the expungement of a criminal record depends on the category of the crime committed. When committing crimes of minor and medium gravity, the criminal record is expunged after 3 years; when committing a serious crime -after 6 years, when committing a particularly serious crime - after 8 years after serving the sentence. The period for expunging a criminal record begins to be calculated from the moment the main and additional punishment.
This means that when a fine is imposed, the criminal record begins to be calculated from the day it is paid, and when all other punishments are served, the criminal record begins to be calculated from the day the main (for example, imprisonment) and additional punishment (for example, deprivation of the right to hold certain positions or engage in certain activities).
If the sentence imposed by the court was reduced or replaced by more mild punishment, the term of a criminal record is calculated from the sentence actually served by the person. For example, if a face was applied grant of parole or, if his sentence was reduced by amnesty or pardon, then the criminal record is calculated, regardless of the category of the crime committed, from the period that the person actually served before his early release.
If, for example, a sentence of imprisonment after serving one third was replaced by restriction of freedom, then to calculate the term of a criminal record, the actually served term of imprisonment and the term of imprisonment equivalent to the actually served restriction of freedom are taken into account.
According to Article 95 of the Criminal Code of the Russian Federation, for persons who committed crimes before reaching the age of eighteen, the terms for expunging a criminal record, provided for by part third article 86 of the Criminal Code of the Russian Federation, are reduced and are accordingly equal to:
a) one year after serving imprisonment for a crime of minor or medium gravity;
b) three years after serving imprisonment for serious or especially serious crime.
It should also be noted that in accordance with Articles 84, 85 of the Criminal Code of the Russian Federation, a criminal record can be removed by acts of amnesty or pardon.
Part 5 of the article formulates a norm that contains a stimulating principle: that if a convicted person behaved impeccably after serving his sentence, then, at his request, the court can remove his criminal record before the expiration date of the criminal record.
Thus, to expunge a criminal record, neither a special court decision nor any other document certifying this fact is required. Expungement of a criminal record occurs automatically after the expiration of the periods specified in the law after serving the sentence or after the expiration of the probationary period for a suspended sentence.
Removal of a criminal record, in contrast to expungement, is carried out subject to impeccable behavior of the convicted person, at his request to the court and with the mandatory issuance of a reasoned decision by the judge. A criminal record can be expunged from any person who has served his sentence, without any restrictions as part of the category crimes committed, and taking into account the personality of the convicted person. The meaning of such a decision is that it can be made before the expiration of a criminal record if there is evidence of impeccable behavior specific person. In this regard, if the convicted person, after serving his sentence, behaved in accordance with moral standards and valuables, then, at his request, the court may remove his criminal record before the expiration date of the criminal record.
The current Criminal Code of the Russian Federation does not contain any formal restrictions on persons filing a petition in court for early withdrawal criminal record. The issue of expunging a criminal record is resolved at the request of a person who has served his sentence by a court or magistrate in criminal cases within his jurisdiction at the place of residence of this person. At the same time, participation in court hearing the person in respect of whom a petition to expunge a criminal record is being considered is required.
The law does not define a time limit for filing such a petition. But for the court, it is important to have evidence proving the person’s impeccable behavior after serving his sentence, which naturally requires some time to verify the behavior of this person. The removal of a criminal record is carried out by a special court ruling.
In case of refusal to expunge a criminal record re-petition this may be brought before the court no earlier than after the expiration of one year from the date of the decision on refusal.
Important for legal status citizens there is a provision contained in Part 6 of this article: expungement or removal of a criminal record cancels all its legal consequences. Consequently, from this moment it is not taken into account either when committing a new crime or in the general civil sense. Thus, if a criminal record has been expunged or expunged ahead of schedule, then you can safely write in the application form - “no conviction.”
Therefore the question “Have you been convicted?” from the point of view of the Criminal Code of the Russian Federation of 1996, it is incorrect and illegal. A person should not retain a criminal record for life.

Nikolay Severin