People who have visited places not so remote know firsthand how difficult it is to get a job with a criminal record.
And although the Labor Code of the Russian Federation imposes a ban on the employment of former prisoners only in a few areas (and then depending on the article), the administration of any institution is wary of such potential personnel and most often refuses, as they say, “out of harm’s way.”
About a criminal record when applying for a job - further in our material.
Types of criminal records
A criminal record provides for special legal relations between the state and the convicted person. It is established by a court verdict and continues until its withdrawal or repayment (Article 86 of the Criminal Code of the Russian Federation).
After serving the sentence, the convicted person is not immediately recognized as not having a criminal record. The length of a criminal record depends on the severity of the act committed.
Until then, the citizen is still recognized as potentially dangerous, therefore he is under the supervision of law enforcement agencies, and for new crimes he is charged with harsher punishment.
The following types of criminal records exist:
- Current: the offender is still serving a sentence or has recently been released from it, but the statute of limitations on the criminal record has not yet passed.
- Conditional: established for conditionally convicted citizens.
- Expunged: means that the person, upon returning from prison, has not committed a crime after a certain period.
- Expunged conviction: removed by the court early due to the good behavior of the convicted person or other reasons, for example, pardon or amnesty.
Information about a citizen’s criminal record is stored in the GIAC of the Russian Federation . The only way to remove it from this database is to remove it for exonerating circumstances, that is, to find the citizen innocent of committing a previously charged criminal offense.
Where are they not hired because of a criminal record?
Having a criminal record when applying for a job is important in the case of employment in educational, educational, medical, social, and cultural institutions.
The full list of types of activities for which a criminal record imposes restrictions on hiring is outlined in Art. 331 and 351 of the Labor Code of the Russian Federation.
When trying to find a job in an institution from this list, the employer will definitely require a certificate of no criminal record. You can obtain this certificate from the Ministry of Internal Affairs at your place of registration.
Thus, having a criminal record, you cannot become:
- an employee of an educational institution;
- employee of the prosecutor's office, the bar and the judiciary;
- customs officer and FSB employee;
- military personnel and auditor;
- employee of government agencies;
- deputy and president;
- air force employees.
So, a criminal record, even an old one, imposes restrictions on the choice of profession.
Results
A certificate of the presence/absence of a criminal record may be required when applying for a job in areas where special requirements are placed on the moral and psychological qualities of workers. Having a criminal record in the past is seen as a negative aspect. All cases are established by law.
The certificate may also be additionally requested in other cases when the employer makes a decision on hiring.
In such cases, it is impossible to refuse an applicant solely on the basis of failure to provide a certificate or having an expunged criminal record. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
How can you get a job with a criminal record?
A citizen released from prison must first familiarize himself with labor legislation, which sets restrictions on hiring persons with a criminal record.
You should not even try to get a job in a public or private company for a financially responsible position.
Start trying with small private firms with low salaries; a larger employer will certainly be interested in a significant break in your work history.
If attempts to find a job with an employer are unsuccessful, you can try to become an individual entrepreneur. True, there are some limitations here too.
For example, difficulties may arise in obtaining permits if a previously convicted person decides to engage in:
- security or private detective activities;
- banking, lending;
- educational activities.
Does not work? Then contact the regional employment service, register or use information services.
If at the time of your application there is no suitable vacancy, then the employees of the employment center can refer you to training courses, upon completion of which you will have a new specialty and it will become much easier to find a job.
In addition, in recent years, special centers for the adaptation of former prisoners have begun to open in many cities. Here they do everything possible so that a person with a criminal record can get a job.
Where to start searching for vacancies
First, you need to register with the employment center, where the employee can quickly find a vacancy for someone released from prison. If difficulties arise in finding work for those with a criminal record, the previously convicted person will be sent to training or retraining courses. After graduation, the former prisoner will have the opportunity to find a job.
Often such individuals are offered work on a rotational basis.
After completing training and acquiring the necessary skills, a person can apply for the following vacancies:
- engineer;
- manager;
- electrician;
- carpenter;
- milling machine operator;
- electric welder;
- cook;
- baker.
If you have problems with employment, you should contact an organization that protects the rights of prisoners.
How to expunge a criminal record early through the court?
Having a criminal record makes it very difficult to get a job, so citizens who have served their sentences often try to have their criminal record expunged before the deadline requiring its expungement.
This can only be done through the court by filing an appropriate petition. The application must be accompanied by documents confirming the impeccable behavior and legal lifestyle of the person for a certain period.
The following are used as evidence:
- characteristics from place of residence and work;
- a certificate from the police confirming that there are no facts of bringing the applicant to administrative liability.
In case of a negative court decision, the next petition can be filed 1 year from the date of the decision.
Better the bitter truth
It also happens that no one requires a certificate from you, however, in the form that you need to fill out, there is a clause about your criminal record. Is it worth writing the hard truth? There is an important nuance here. You can safely indicate “I have no criminal record,” but only if it has actually been removed. After all, according to Article 86, your past no longer has any legal consequences. The same applies to those who are wondering how to get a job with a suspended criminal record.
It is also worth understanding: if the work is in no way connected with activities that include restrictions on persons with a criminal record, this questionnaire, to put it mildly, is unlawful. In other words, it was invented by the employer himself. So even if you indicate that you do not have a criminal record, and the fact later comes to light that you had one in the past, it is impossible to fire or punish for incorrect information.
Many employers have free access to data from the Ministry of Internal Affairs, including classified information about your personal criminal prosecution. Of course, this access is not entirely legal and is considered an informal means of selection for work. But if you want to get information about whether or not you have a criminal record, it is quite possible. So it’s up to you to hide them or honestly tell everything as it is.
According to the law, it is impossible to refuse a job after receiving information about a potential candidate’s criminal record. But nevertheless, this often happens, and without explanation of the real reasons.
Expunged criminal record when applying for a job
In accordance with Art. 86 of the Criminal Code of the Russian Federation, a criminal record is expunged:
- For conditionally convicted persons upon completion of the probationary period.
- After 1 year has passed after serving, for those sentenced to more lenient punishments than imprisonment.
- After 3 years have passed since serving the sentence, in case of imprisonment for acts of minor or moderate gravity.
- 6 years after the return from prison of persons convicted of serious crimes.
- After 8 years - for especially serious crimes.
Expungement and expungement of a criminal record eliminates all legal consequences associated with a criminal record. In theory . But in practice everything turns out to be much more complicated.
If the criminal record has been expunged, what should I write on the application form when applying for a job?
When applying for a job, the applicant is almost always asked to fill out a form that contains a question about his criminal record. What to answer?
If the questionnaire asks whether you have a criminal record, and your criminal record has been cleared or expunged, then you can safely answer: no.
But if the question is posed differently, for example, were you prosecuted, then you should tell the truth, indicate the article and the year of the verdict.
Do not provide false information about yourself, since having an expunged or expunged criminal record does not serve as an obstacle to employment (except for the areas of activity indicated above). Hiding correct data most often leads to the dismissal of an employee.
Employers who know the laws will indicate other reasons as grounds for refusing to hire or dismissing a person. This is where the difficulty lies.
To defend your interests, you have the right to go to court. Take st. as the base. 3 of the Labor Code of the Russian Federation, prohibiting discrimination in the world of work.
Request an official refusal or ask the employer to issue a certificate of the reasons for dismissal and attach it to the statement of claim.
○ Are the grounds for obtaining a criminal record taken into account?
If a person’s criminal record has been cleared due to rehabilitating circumstances, he cannot be refused employment - this is explicitly stated in all of the regulations listed above.
As for other grounds for prosecution, for some professions they do play a role.
Thus, the following persons cannot work with children:
- Those who have or have had a criminal record, have been subject to criminal prosecution (with the exception of persons against whom criminal prosecution was terminated on rehabilitative grounds) for crimes against life and health, freedom, honor and dignity of the individual (with the exception of illegal hospitalization in a medical organization providing psychiatric care in inpatient settings) conditions, and slander), sexual integrity and sexual freedom of the individual, against family and minors, public health and public morality, the foundations of the constitutional order and state security, peace and security of mankind, as well as against public safety.
- Those who have an unexpunged or outstanding conviction for other intentional grave and especially grave crimes (Article 331 of the Labor Code of the Russian Federation).
Those whose criminal record has not been cleared or expunged and whose crime was committed intentionally cannot work in transport, aviation, the army, or the civil service.
A person with an outstanding or unexpunged criminal record, who has committed a criminal offense in the economic sphere or a crime against the state cannot become an economist.
Persons who have ever had a criminal record will never be able to become law enforcement officers. The grounds for bringing to responsibility do not play a role.
How is a criminal record checked?
The easiest way to check an applicant for a criminal record is to enter the Ministry of Internal Affairs database.
Many organizations have their own security service, some of whose personnel are former law enforcement officers.
If necessary, they turn to their colleagues in previous service for help and receive from them all the necessary information about a particular person.
This method violates current legislation, Art. 88 of the Labor Code of the Russian Federation, which prohibits checking a citizen’s personal data without obtaining written consent from him.
Moreover, Art. 13.11 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability for violation of the rules for the use and dissemination of information about citizens in the form of a fine.
There are also legal ways to check a person's criminal record. For example, through court websites.
To do this, you need to go to the official website of the court of general jurisdiction at the place of registration of the applicant, go to the “Judicial Proceedings” section and enter his last name in the search column. Here you can find out information about the legal problems of the individual you are interested in.
Criminal case while working
An employee may be subject to criminal prosecution by working in a position that is incompatible with a criminal record and prosecution under the Criminal Code of the Russian Federation.
Upon receipt of information from law enforcement agencies that an employee will be subject to criminal prosecution, the employer is obliged to suspend the employee for the entire period of the criminal proceedings until it is terminated or until the court verdict comes into force. During the period of suspension from work (preclusion from work), the employee’s salary is not accrued (Article 76 of the Labor Code of the Russian Federation).
Removal from work is carried out by order of the head of the organization, drawn up in any form. The order should indicate the basis for removal from work, for example, the name and details of the document received from law enforcement agencies.
The order must also contain the period of suspension (for the period of criminal proceedings until its termination or until the court verdict comes into force).
To avoid labor disputes, the employee must be familiarized with such an order against signature. If, at the end of the criminal prosecution, the employee is convicted, then on the day the verdict enters into legal force, the employment contract is terminated. The grounds for termination should be specified in clause 4, part 1, art. 83 of the Labor Code of the Russian Federation - due to circumstances beyond the control of the parties due to the sentencing of an employee to punishment that precludes the continuation of previous work.
How to hide criminal record information?
The only legal way in this case is to officially (through the registry office) change any of the personal data: last name, first name or patronymic (or all at once).
In this case, search databases will not show a criminal record. However, this option is suitable if the employer’s application does not contain a question about changing your name.
It is difficult to get a job with a criminal record . However, if you have a great zeal for work, you can still find a job.
Not so simple
On the one hand, everything is logical and understandable. But from a human point of view, former criminals can be understood. Among them there are many who repented and literally began a new life. And what can we say about those who have become victims of a banal slander or a miscarriage of justice?
That is why work is underway in this area at the legislative level to continuously improve the situation. They are trying to improve the situation of those amnestied, and for those convicted several years ago under articles that have now been abolished, their concessions apply.
And the choice of vacancies in the modern employment market is so large that, fortunately, it is possible to contact not only the police or customs. Therefore, if you want to get a job with a criminal record, it is quite possible.
