The legislation establishes such a thing as a criminal record.
It can be received by dishonest, violating public order and the rights of other people.
Therefore, a criminal record is the legal state of people officially recognized as criminals.
As you know, for any criminal act a person can be brought to.
Accordingly, individual punishment is applied to the guilty person. And in such situations, it is always included in criminal liability. The presence of a criminal record leads to many adverse factors, from a social and legal point of view.
An accused and punished person will reap the fruits he has grown for a long time to come. After how much a criminal record is removed, the law establishes. The time of its action largely depends on the age of the offender and the type of crime that was committed.
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Representation and varieties
A criminal record refers to a specific criminal outcome.
Consequently, a measure of influence is applied to the violator on the basis of Art. 45 of the Criminal Code.
It leads to the arrest of a person or the restriction of his rights in the form of corrective procedures.
This is due to the fact that any criminal acts are considered precisely criminal liability. Therefore, a person acquires some consequences after committing his deeds.
According to the law, there are such types of criminal record:
- The verdict was not put into effect. Its term begins with the entry into force of the decision of the judge. It ends at the end of the punishment.
- Summons by urgent sentence. Here the conviction is divided into two parts: during punishment and after serving.
- Conviction, including the main and additional punishment. With her, her term ends at the end of the second part.
The violator is considered guilty, and, accordingly, convicted, after the judge pronounces a sentence and until the repayment or removal of a criminal record.
Consequences
When a person is convicted, he acquires several restrictions, which mainly relate to work. Persons with a criminal record are prohibited from holding the following positions:
- law enforcement
- in the field of training and education
- lawyer
- financial management positions
- security
In addition, depending on the type of violation, the guilty person does not have a chance in other areas:
- get a permit for a gun and hunting
- take someone into custody
- get citizenship
- run for office
- serve under contract
The above is the main list of consequences. See the legislation for more information on restrictions.
Important! If there is a criminal record, the perpetrator is obliged to indicate this fact when drawing up documentation in terms of instances. After its repayment, he has the right not to focus on this.
The presence of a criminal record can adversely affect the violator and lead to criminal liability. This manifests itself as follows:
- When the next violation is committed, this fact will be reflected in the verdict. The violator will receive more severe punishment.
- It is of great importance in the appointment of a correctional institution.
- Restriction on the use of amnesty.
Also, over those persons who have left prison and still have a criminal record, the supervision of executive authorities is established. Usually, people who have been previously convicted and have served their sentences are closely monitored by the police. The slightest offense can lead to irreparable results with more severe prosecution.
From all the above consequences, we can conclude that a criminal record plays a big role in the realization of rights.
The concept of expunged conviction
The legislation establishes 2 options for the possibility to write off a criminal record:
- redemption
- withdrawal
It should be understood that a person is not able to extinguish a criminal record on his own. It is written off automatically after the end of the punishment time. But, there are exceptions. For example, early repayment, which is regulated by the Code of Criminal Procedure of the Russian Federation. It happens like this:
- by amnesty
- pardon
To do this, you will have to complete a series. In a higher authority, on the information board, you can find sample applications for appeal. Appropriate specifications must be attached to the application. It is better, if you want to close a criminal record ahead of schedule, first contact a legally competent person for help.
It is unlikely that the violator of the law will be able to convince the judge of pardon on his own. In all other situations, the conviction is written off after the time of the entire punishment.
Sometimes a person is condemned, but released from responsibility. This happens when a citizen is convicted, but without punishment or release from it. If the offender is not sentenced, there is no criminal record. And it does not matter how long the preliminary conclusion was.
In what situations can a criminal record be equated to canceled?
The main reason for the repayment of a criminal record is the end of the time established by law.
- the average severity of crimes - 1 after the end of the punishment
- serious crimes - after 3 years
- when applying punishment without arrest - within six months
Thus, according to the law, at the end of the sentence, the criminal record is extinguished automatically. But the repayment time is highly dependent on the type of crime for which the person was accused. It is also possible through the court to close the presence of a criminal record ahead of schedule.
Is it possible to find out if there is a criminal record?
Each person must understand that data on a criminal record, even after repayment, is stored in the databases of authorized organizations.
It is in this instance that you can request a certificate with a designation of the absence or closure of a criminal record.
But, it is worth understanding that this information is personal, only everyone has the right to take this document on himself personally.
To do this, you must write a corresponding statement to the police at the place of the actual city of residence. It is enough to take only your passport with you.
Important! It is best to consult with an attorney before filing an application for a waiver. It will help you make the right request. If there is a refusal from the court, the lawyer will tell you how to properly file a complaint.
How to remove information from databases
Often people are interested in the topic of how long a criminal record is removed from the police database.
It can't be done.
Now you can often find proposals to remove information from the database of authorized bodies.
It should be understood that now such actions are simply impossible.
This is due to the structure and concept of the base itself. If a person is given a promise to delete such data from all databases for money, this is .
Information even about past convictions is always stored in databases, and they will remain there even after withdrawal and redemption.
It's no secret that some instances make requests to the police to find out if there is a criminal record. The result is a job denial. This is especially common in banks and commercial structures.
Therefore, a large number of citizens are interested in whether it is possible to cancel such information. When paying for the services of fraudsters, you need to understand that the data will remain as it was. And the promises are empty lies.
About the terms of repayment of a criminal record - on the video:
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