Checking a person for a criminal record is most often a desire to verify the trustworthiness of a potential employee, business partner or counterparty. In the article you will find answers to the questions: how to find out if a person has a criminal record online, and how to check a person for a criminal record legally.
What are the limits of a conviction?
First of all, it is necessary to understand what the current legislation understands by this term. Yes, according to Article 86 of the Criminal Code of the Russian Federation, this is a special legal status of a citizen in respect of whom the court has pronounced a guilty verdict for a crime committed by him.
This is the final stage of criminal liability, which is associated with the imposition of punishment or other measures of a criminal law nature. The state of a criminal record begins on the day the court verdict enters into force and continues until the moment it is canceled or withdrawn ahead of schedule in the manner prescribed by law.
Problems with the law leave a negative imprint on the entire social life of a person, but there are also consequences that are imperatively established by law. Among them are bans on:
- election to governing bodies;
- carrying out the state civil service;
- obtaining a weapons license;
- employment in some structures (educational, law enforcement);
- enlistment.
When can I ask for help
It's no secret that employers seek to cut off candidates who have suffered criminal penalties in the past. How to check a person's criminal record via the Internet by name and surname is the most popular request among employers. Let's see how legal it is. So, it contains an exhaustive list of documents that can be requested when concluding an employment contract. Among other things - a certificate of the presence (absence) of a criminal record (in some cases).
An employer may require such a certificate in strictly defined cases provided for by Russian law, namely in relation to:
- teachers (part 2 Art. 331 of the Labor Code of the Russian Federation);
- persons who work with minors (in education, upbringing and medicine - Art. 351.1 of the Labor Code of the Russian Federation);
- aviation personnel specialists (clause 3 Art. 52 of the Air Code of the Russian Federation);
- employees of the FSB (clause "c" part 3 of article 16 of the Federal Law of 03.04.1995 No. 40);
- bailiffs (clause 3, article 3 of the Federal Law of July 21, 1997 No. 118);
- customs officers (clause 1, article 7 of the Federal Law of July 21, 1997 No. 114);
- civil servants (clause 2, article 16 of the Federal Law of July 27, 2004 No. 79);
- employees of clearing organizations (clause 3, part 5, article 6 of the Federal Law of February 7, 2011 No. 7);
- prosecutors (paragraph 5, clause 2, article 40.1 of the Federal Law of 17.01.1992 No. 2202-1);
- security guards at the facilities of the fuel and energy complex (clause 1, part 1, article 10 of the Federal Law of July 21, 2011 No. 256);
- persons ensuring transport security (clause 1, part 1, article 10 of the Federal Law of February 9, 2007 No. 16).
Only the citizen himself can receive such a certificate by contacting the MFC personally, the information center of the Ministry of Internal Affairs or by sending an application through the website of the State Services or the official website of the Ministry of Internal Affairs of Russia.
Help will look something like this.
But what should an employer do if the employee does not fall under any of the conditions prescribed in the legislation, and it is very important to check it? For such cases, we have prepared some tips on how to find out about a person's criminal record online.
Online criminal record check
Many people ask: how to check a person’s criminal record online by last name? The easiest way to detect a criminal record is to check the database of the Ministry of Internal Affairs. In many companies, security personnel are former law enforcement officers who turn to their former colleagues for help and get all the necessary information from them.
However, this method violates applicable law, namely, which prohibits checking the accuracy of the documents provided by the employee and obliges to obtain his written consent to the transfer of his personal data.
What's more, part 2 articles Art. 13.11 Administrative Code of the Russian Federation provides for administrative liability for violation of the rules for the use and dissemination of information about citizens:
- for citizens - a fine in the amount of 3,000 to 5,000 rubles;
- for officials - a fine from 10,000 to 20,000 rubles;
- for legal entities - a fine from 15,000 to 70,000 rubles.
We will tell you how to find out about a person’s criminal record by last name legally.
Court sites
Since you have the passport details of the person you want to check, you know the address of his registration. You just have to find the official website of the court of general jurisdiction at the place of its residence, go to the "Courtwork" section and enter the surname you are interested in in the search field. An example is the search engine of the Petrogradsky District Court of St. Petersburg:
Website of bailiffs
With the help of the website of the bailiffs, you can find out information:
- about the debts of an individual, organization, individual entrepreneur;
- on open enforcement proceedings against an individual, organization, individual entrepreneur;
- on persons who are wanted on suspicion of committing a crime.
Despite the fact that with the help of this service you can find out if a person has problems with the law, only by indirect signs, the possibilities of this database are very extensive. It includes citizens who are hiding from paying alimony and fines, military service, as well as other violators and criminals.
Ministry of Internal Affairs website
The Ministry of the Interior also has a database accessible to all, which contains information about people who are wanted. In order to check a person, you need to go to the Ministry of Internal Affairs of the Russian Federation, go to the section "Attention, wanted!" and fill out the data entry form.
