Instruction
Information about the criminal records of all persons is stored in the databases of the Main Information and Analytical Center of the Ministry of Internal Affairs of the Russian Federation, as well as in the information centers of the Ministry of Internal Affairs, the Central Internal Affairs Directorate, and the Internal Affairs Directorate of the regions of the Russian Federation.
Information about a criminal record is strictly confidential and can only be provided at the request of authorized bodies, officials or operational employees. Information on the expiration of a criminal record is publicly available and can be issued at the request of a person. To check criminal record, or rather, its absence from the person being hired, there are several ways.
Method one. Make a mandatory item in the questionnaire indicating the presence or absence of a criminal record. When collecting certificates from a specific person, ask him for a document on the absence of a criminal record. According to the order of the Ministry of Internal Affairs No. 965 “On approval of instructions on the procedure for providing citizens with certificates of the presence (absence) of a criminal record” dated November 1, 2001, every citizen can freely receive such a certificate. At the same time, according to the instructions, in order to obtain a certificate of non-conviction, the applicant must personally appear with a passport at the information center of the Ministry of Internal Affairs, the Central Internal Affairs Directorate or the Internal Affairs Directorate at the place of residence.
Method two. Submit a request to have a candidate for a position checked for the presence or absence of a criminal record through the company's own security service. To do this, issue a request through the personnel department, and he, in turn, will give it to the security service. The security service is an authorized person, therefore, at its request, the information service of the Ministry of Internal Affairs, the Central Internal Affairs Directorate or the Internal Affairs Directorate will provide all the necessary information about the requested person.
The removal of a criminal record is an important judicial procedure, after the positive resolution of which, any citizen is considered not convicted. It is after the removal of a criminal record, before the expiration of its early repayment period, that all legal consequences that are associated with conviction are annulled.
Instruction
From the date of a guilty verdict, any person is convicted until the expiration of the term for serving or executing the sentence and the term for extinguishing the conviction. The presence of a criminal record entails serious legal consequences, which may affect the sentencing for a repeated crime or serve as an obstacle to finding a job. The term for the repayment of a criminal record can be different and depends both on the severity of the crime committed and on the punishment imposed for its commission.
However, before the expiration of the period of automatic repayment of a criminal record, it is possible to remove it. A petition for the removal of a criminal record, depending on the jurisdiction of the criminal case, is considered by a justice of the peace or a court at the place of residence of the convicted person.
A court session on such a petition shall be held with the obligatory participation of the person who filed it. The prosecutor may also participate in the court session. A convict who has filed a petition for the removal of a criminal record must be notified of the time and place of the court session without fail.
Since the main subject of judicial review is the impeccability of conduct after serving a sentence, this process requires special, thorough preparation. To do this, it is necessary to collect characteristics from the place of work and from neighbors at the place of residence. It will not be superfluous to visit the district commissioner, whose positive characteristic will contribute to a favorable resolution of the application.
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note
The facts of bringing to administrative or criminal liability during the period of an outstanding conviction may serve as a basis for refusing to remove it early.
Helpful advice
Before going to court, it is recommended to seek the help of a lawyer who will help you legally competently prepare a petition, give professional advice on collecting the necessary documents. Also, the lawyer will help protect the interests of the principal during the judicial consideration of the petition and, in case of disagreement with the court decision, will help prepare a complaint against him.
To identify fraudsters among potential business partners or unscrupulous candidates for a responsible position, first of all, you need to find out if they have a criminal record. It is not always possible to do this directly, but there are several workarounds.
Instruction
Befriend one of the police officers. They can be either a simple district police officer or a detective. Using such connections, it is possible to regularly “break through” the fact that certain persons have or do not have a criminal record in the database of the Ministry of Internal Affairs. But the police have a lot of their duties, and they are not willing to accept such requests for free. And paying them for it is already considered a crime.
If you are the head of a large organization, hire a former police officer with good operational experience. The problems of finding out the reliability of newly hired employees or business partners will be resolved fairly quickly through former colleagues of the ex-police officer.
To perform one-time work to determine a person's criminal record, hire private detectives. They will collect the necessary information about the person you are interested in using accessible and legal methods. By the way, many have the same connections in the police, using which they will also quickly and effectively obtain the information you are interested in.
Ask the person you are interested in to bring a certificate of no criminal record on their own. Unfortunately, this is not always convenient and ethical to ask, for example, from business partners. And not all newly hired persons can require this certificate, but only those who are hired for responsible positions directly related to cash flows and management.
To obtain a certificate of no criminal record against themselves, each citizen can contact the information center (IC) of the police in your city. The service is free, you only need an identity document. The address of the IC can be found at any police station. Terms vary from a few days to a month.
If your organization needs to establish official cooperation with the database of the Information Center of the Ministry of Internal Affairs, send them an official letter asking them to find out information about the criminal record of certain individuals. Or a proposal for cooperation in collecting personal information about candidates for a job. But it is not a fact that the IC of your city will cooperate with you and provide such information.
When a person has been convicted of a crime he has committed, it is said that he has a criminal record. Its presence negatively affects daily life. Over time, a conviction can be extinguished or removed. After that, the person is fully restored in his rights.
What is a conviction
A criminal record should be understood as a certain status of a person who committed a crime and suffered punishment for it. The presence of a criminal record in a person largely limits his rights and opportunities. Having a criminal record, a person cannot hold certain positions or carry out certain types of activities. In addition, if a person has a criminal record, he may be denied entry to a particular country. Also, a criminal record can act as an aggravating circumstance when a person commits a repeated crime.
Persons who have a criminal record for committing grave and especially grave crimes, intentional crimes against minors, as well as crimes by way of recidivism, may be subject to administrative supervision. It consists in a number of restrictions regarding the places of stay of a person, his departure to another territory, etc. In addition, within the framework of administrative supervision, a person must periodically visit the police at his place of residence.
In the case of repayment or removal of a criminal record, a person begins to be considered not brought to criminal responsibility.
When the conviction expires
A criminal record is extinguished after a certain period of time has elapsed after the person served one or another punishment. The type of punishment, as well as the severity of the crime committed, affect the term of repayment of a criminal record. If a person has been sentenced to a suspended sentence, the conviction is extinguished after the end of the probationary period established for him. When imposing a sentence that does not provide for imprisonment, the repayment of a criminal record occurs after 1 year from the date of serving or execution of the sentence. If a person has committed a small or medium-sized crime, the conviction is extinguished after 3 years. When committing grave and especially grave crimes, the conviction is extinguished after 8 and 10 years, respectively.
In the case when a person was released from serving a sentence ahead of time or his sentence was replaced with a milder one, the term for the redemption of the conviction begins to run from the moment of release from punishment.
The cancellation of a criminal record occurs automatically and does not require the issuance of any official document by the court or other competent authority.
What is the difference between redemption and expungement
It often happens that a person is released from a criminal record ahead of schedule. This can happen as a result of his exemplary behavior and compensation for the harm caused, amnesty or pardon. In this case, we are talking about the removal of a criminal record. A conviction can be expunged by a court, or by a document on the basis of which a person was pardoned or amnestied. However, amnesty or pardon does not always mean an automatic removal of a criminal record for a person.
