You can find out about a person’s criminal record by last name only legally through the database of the Ministry of Internal Affairs. Such information can be requested when hiring in certain positions or if fraud is suspected. Is it possible to remove a criminal record from the database of the Ministry of Internal Affairs?
Mistakes made in the past, for which they had to be punished, are a black spot in a person's biography, they can become a serious obstacle when making plans for the future, for example, when applying for a job. Verification of this fact is also required when issuing loans, issuing a license for weapons, and obtaining visas. This information may be requested when applying for a job in certain positions. Previously, the fact of a criminal record was established using a special mark in the passport. Now you can find out about a person’s criminal record by last name only legally through the database of the Ministry of Internal Affairs.
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A criminal record can get in the way of getting a job. It does not allow you to hold certain positions of responsibility. There are no other restrictions on hiring, but many employers include a check box for a criminal record on their interview application. The employer does not have the right to find out this fact by other methods, since according to Art. 65, 90 of the Labor Code of the Russian Federation, the applicant has the right not to provide personal data, and the employer can process them only with the written consent of the future employee.
Important
If the refusal to hire or dismissal is justified by the discovery of a criminal record, the citizen has the right to sue.
Violation of the rights of an employee or applicant is associated with administrative fines. According to the Criminal Code of the Russian Federation, discrimination is also punishable by the Labor Code of the Russian Federation of December 30, 2001 N 197-FZ (as amended on November 27, 2017).
How to find out about a person's criminal record by last name
Information about a person's biography is very important in building not only business, but also personal relationships. Therefore, many people want to know about a person's criminal record by last name. Information about convicted citizens who have been sentenced in places of deprivation of liberty or conditionally is entered into the database of the Ministry of Internal Affairs of the Russian Federation. It is available only to authorized bodies.
Restrictions imposed by a conviction
Although the fact of a criminal record is confidential information, it imposes certain restrictions on a person's further activities. Having a criminal record does not allow:
- get a position in state administrative bodies (cadastre, mayor's office, etc.);
- in law enforcement agencies (FSB, Ministry of Internal Affairs, courts, security company, etc.);
- study at some universities (for example, at the Faculty of Law),
- restriction of the rights to acquire and possess weapons;
- travel outside the country on a visa;
- move freely around the country, serve in the Army;
- cannot be employed in some enterprises, institutions and organizations, including state, educational and others.
A criminal record also interferes with employment in educational institutions, children's educational and developing centers.
How to remove a criminal record from the database?
The question of how to remove a criminal record from the database worries many citizens who face difficulties in finding employment. With the introduction of information technology, criminal records are stored forever. Even if the conviction has been canceled and the person is legally considered not convicted, it is practically impossible to remove the criminal record from the database of the Ministry of Internal Affairs.
Important
Proposals regarding the removal of information about a criminal record from the database of the Information Center of the Ministry of Internal Affairs of the Russian Federation through a fee - a divorce.
To delete a criminal record from the database, it will not be enough to cancel a criminal record or wait a certain time, since the information is stored for life, because there is a risk of a criminal relapse. This means that it is important to know whether a particular person has been previously convicted. Moreover, the database in the Russian Federation is common for everyone, so moving to another city will not help. It is possible to remove a criminal record from the database only in cases where a mistake was made by authorized employees or the court issued an acquittal to a citizen. Only if you have one of these grounds, you can get rid of the mark of criminal liability.
To learn how to remove a criminal record from the database of the Ministry of Internal Affairs, it is important to familiarize yourself with the procedure:
: apply to the court with a statement (Chapter 25 of the Code of Civil Procedure of the Russian Federation). It is important to point out that:
- the need to process personal data has disappeared;
- the processing of personal data violates constitutional rights;
- the processing of personal data has no legal basis;
- The Ministry of Internal Affairs cannot ensure the confidentiality of personal data.
When applying to the court, you must prove all of the above points. It is almost impossible to do this without the help of a professional lawyer, so we advise you to find a good lawyer who can protect your rights in court and achieve the desired result.
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