Before we tell you how to find out if a person has a criminal record online, let's figure out what it is for. In accordance with Article 86 of the Criminal Code of the Russian Federation, a criminal record is a special legal status of a person acquired by him after a court has pronounced a guilty verdict against him.
Problems with the law, namely the existence of problems with the law and the facts of criminal prosecution of a person in the past, may interfere with his work, as well as other actions in the future. Such a "black mark" will create problems with employment, and also will not give the opportunity to:
- obtain a permit to carry weapons;
- adopt or take custody of a child;
- get a visa to some countries;
- get a job in the FSB, the Ministry of Internal Affairs and the prosecutor's office.
Such restrictions are in force by law, so the question of how to check a person for a criminal record is sometimes very acute. In addition, in some cases, the verdict of the court is considered extinguished. This, in particular, occurs if the probationary period has ended with a suspended sentence, and a certain period of time has passed from one to three years after serving the sentence.
Who needs to be checked
Article 65 of the Labor Code of the Russian Federation allows such a document to be required. It lists the documents that can be required when concluding an employment contract. It has a criminal record.
After the expiration of the conviction of the court, the person should not bear any legal consequences, but in some cases, even in this state, he prevents employment. For example, according to the norms of Article 331 of the Labor Code of the Russian Federation, persons who have been held accountable for crimes against:
- life and health, freedom, honor and dignity of an individual (with the exception of illegal hospitalization in a medical organization providing psychiatric care in inpatient conditions, and slander);
- sexual inviolability and sexual freedom of the individual;
- families and minors;
- public health and public morality;
- foundations of the constitutional order and security of the state, peace and security of mankind;
- public safety.
The ban is indefinite, so even an extinguished conviction does not remove it.
But there is a list of professions for which it is necessary to check a person’s criminal record online by last name:
- civil servants (clause 2, article 16 of the Federal Law of July 27, 2004 No. 79);
- teachers (part 2 of article 331 of the Labor Code of the Russian Federation);
- persons working with minors (in education, upbringing and medicine - Art. 351.1 of the Labor Code of the Russian Federation);
- aviation specialists (clause 3, article 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 04/03/1995 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);
- employees of clearing organizations (clause 3, part 5, article 6 of the Federal Law dated February 7, 2011 No. 7);
- prosecutors (paragraph 5, clause 2, article 40.1 of the Federal Law of January 17, 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).
What does it look like
How to find out about an employee's criminal record
How to find out about a person's criminal record by last name? The easiest, and most importantly - absolutely legal - way to find out if an employee has had problems with the law in the past is to ask him to bring the appropriate certificate. This is one of the answers to the question of how to check a person's criminal record. Its registration is absolutely free and for this you need only a passport. After filling out the application form, the necessary data will be provided within 30 working days. Moreover, online verification is available through the public services website. To do this, you only need to have an authorized registration on the site.
If an employer wants to receive information about all employees, he can obtain their consent to represent interests in this matter and request information immediately in bulk. This is acceptable and will take the same amount of time as obtaining one certificate.
How to check online
But if an employee works, and his superiors have suspicions that he is in trouble with the law? He doesn't want to volunteer. How to find out about a person's criminal record through the Internet or in another way, without having his consent? No legal way. Only the state security service and internal affairs bodies have the right to receive such information. Security services, even state organizations and institutions, do not have such powers. Moreover, an attempt to obtain such information behind the scenes from the base of the Ministry of Internal Affairs is an administrative offense, responsibility for which is provided for by Part 2 of Article 13.11 of the Code of Administrative Offenses of the Russian Federation. The fine may be imposed in the amount of:
- for civilians - from 3,000 to 5,000 rubles;
- for officials - from 10,000 to 20,000 rubles;
- for legal entities - from 15,000 to 70,000 rubles.
Therefore, it is better not to take risks. Moreover, there are legal ways to find out about a person’s criminal record by last name online. Courts that issue judgments publish them on their official websites, as well as in various registers of court cases. Using the search, you can easily find out about all cases of a person's participation in court hearings over the past 3-5 years. Since such information is posted in open sources, it is not a violation to receive it. In addition, you can check the names of employees or candidates for vacancies on the website of the Ministry of Internal Affairs of the Russian Federation in the "Attention, wanted!" section. To do this, just fill out the form and find out if the person is wanted.
How to check on the website of the court
To do this, you will need to find the official website of the court of general jurisdiction at the place of residence of the potential employee. After that, follow the instructions:
- Find and navigate to the Litigation section.
- Enter the person's last name in the search box.
- Click on the "Find" button.
Some sites allow more details. This is how, for example, the search system looks on the official portal of the courts of general jurisdiction in Moscow.
Checking on the site of bailiffs
On the website of bailiffs, you can find out about open enforcement proceedings against an individual and check if he is wanted on suspicion of committing a crime:
- Go to the Execution Proceedings Database (if you start from the main page, then first go to the “Services” section).
- Check the box "Search for individuals".
- Enter information about the person.
- Click on the "Find" button.
How to check on the website of the Ministry of Internal Affairs
This can be done on the page "Attention, wanted!" . To get to it from the main one, select "Services" in the menu, and then "Attention, wanted" in the list that opens.
After the list of the most dangerous criminals, there is a search block. Please note that this database of the Ministry of Internal Affairs contains information only about those persons who are being searched in accordance with the established procedure using the media.
The data in the database of the Ministry of Internal Affairs contains absolutely all cases of criminal prosecution of citizens and it is impossible to remove them from there. Therefore, even the canceled sentence will also appear in the certificate. Moreover, only they have a database reflecting a criminal record that allows you to check a person with a 100% guarantee. By virtue of the Order of the Ministry of Internal Affairs of the Russian Federation of 07.11.2011 No. 1121 "On approval of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the provision of public services for issuing certificates of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution", in the issued document, you can also see all the facts of criminal prosecution, even those that did not entail any consequences.
If the organization requires a certificate of no criminal record
You can get such paper yourself. This can be done in several ways. The simplest, we have already mentioned it, is through the public services website. In your personal account, you can make an application, fill out an application and select the MFC, where you will then receive the original certificate.
Another option is to contact the Ministry of Internal Affairs, the Internal Affairs Directorate or the Central Internal Affairs Directorate. Order of the Ministry of Internal Affairs No. 965 obliges them to work with such requests from civilians. The third way is directly at the MFC. In the last two cases, for registration you will need to provide:
- passport and its copy;
- certificate application.
