Expungement of a criminal record early: petition, assistance of a lawyer

A criminal record is a condition of a convicted person that entails criminal legal consequences if a crime is committed again (recidivism), which means its presence can be considered an aggravating circumstance when imposing a punishment, which is why the removal of a criminal record is of such interest to many who come to us with this question.

If you need a criminal lawyer, contact us. If you are currently serving a sentence and need parole, then read the link for more information.

Calculation of the period for expiration of a criminal record

The expungement of a criminal record occurs after the following period:

Expiration of the probationary period. Applies only to probationers.
Expiration of one year. This period is intended for persons for whom imprisonment as a punishment is not assigned, and begins to be calculated from the moment the sentence is executed or served.
Expiration of three years. Applies to persons with a criminal record for crimes of moderate and minor gravity. These include acts enshrined in the criminal code, the maximum punishment for which is three and five years in prison, respectively.
The moment the calculation of the term begins is the full completion of the sentence.
The expiration of eight years. This term is calculated from the moment the sentence is served and is established for those sentenced to imprisonment for a crime, the maximum punishment for which is determined from five to ten years of imprisonment.
Expiration of ten years. This period is established for persons found guilty of committing an act prohibited by an article of the Criminal Code of the Russian Federation, which provides for a minimum penalty of ten years in prison.

If the court imposes an additional punishment, the period for expunging the criminal record begins to be calculated only from the moment the additional punishment expires.

Additional features and nuances

Applicants who have serious illnesses can increase their chances of a positive court decision. The application must be accompanied by medical certificates and conclusions proving this fact. If a person needs expensive drugs and procedures, but due to a criminal record he is unable to find a job, then the court can accommodate him.
Filing an application does not require payment of a state fee. It does not matter whether a person has a “full” criminal record or a suspended one.
The Criminal Code provides for other ways to remove a criminal record early. These include, for example, acts of amnesty issued by the State Duma, and acts of pardon - the President of the Russian Federation has the right to draw them up. People applying for a pardon must also submit a petition with documents proving their reformation.

The procedure for early removal of a criminal record

The consequence of having a criminal record, if a person is found guilty of committing a new crime, is an increase in punishment, as well as the election of a more strict regime in a correctional institution.

Meanwhile, it is important to note that relapse is possible only when committing intentional crimes (both initial and repeated), and the final punishment cannot exceed the limits of the sanction of a specific article of the criminal law. Despite the normative consolidation of the meaning of a criminal record, practice has developed additional consequences of its presence, expressed in a significant limitation of labor rights. In this case, we are talking about illegal refusals to hire due to a criminal record.

However, a criminal record is “fixed” only for a certain period, after which the person is considered not to have been convicted. How to cancel a suspended conviction? Now you will find out everything!

Current legislation provides for the possibility of early expungement of a criminal record. This requires impeccable behavior of the convicted person after release from serving his sentence, as well as full compensation for the harm caused by the crime.

A written application for early expungement of a criminal record during a suspended sentence or in another case (our criminal lawyer will help you on this issue) is subject to judicial review with the participation of the parties to the process, which gives the right to support the stated requirement in court and bring new arguments and evidence in support of its positions (for example, submit written testimonials).

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Consideration of the application and grounds for refusal

The received petition is considered by the court within 10 working days.

Attention! If the perpetrator does not come to the court hearing, it will not be held.

The absence of a prosecutor does not prevent the issue of expunging a criminal record.

The review procedure consists of the following stages:

the court hears oral explanations from the convicted applicant;
further, the evidence prepared by the convicted person is added to the materials of the criminal case;
the court examines materials proving the fact that the convicted person has truly reformed, has realized everything and is feeling guilty for the crime committed;
the prosecutor puts forward his position on the case if he takes part in the meeting;
explanations and testimony are provided by other persons;
the court makes a decision and issues a ruling.

The grounds for refusing to satisfy the applicant’s demands include the following:

the person has exceeded the deadlines established by law for filing a petition;
the document contains errors, typos, or information that does not correspond to reality;
the content of the document is unclear, incomprehensible;
the document does not meet the requirements for official style;
The applicant committed an offense while on probation.

If the application is refused, a second application may be made after 12 months.

If the court's decision is positive, then the decision is sent to the authorities of the Penal Inspectorate, which were responsible for supervising the person. The constitutional rights of the latter will be returned to the person. However, the ATC Information Center will retain information that a specific person has been prosecuted.

What documents are needed to clear a criminal record through the court?

There is a difference between the concepts of “removal” and “expungement” of a criminal record. The removal of a criminal record is carried out earlier than the period established by the sentence due to certain circumstances at the request of the convicted person. Repayment is considered to be the full serving of the sentence established by the sentence. Having prepared a certain package of documentation, everyone has the right to receive early expungement of an existing criminal record. There are a number of rules and restrictions that apply to the articles under which crimes are committed.

In order to reduce the sentence for a crime, it is necessary to prepare a package of documents for early expungement of a criminal record. Failure of any documents to comply with the required deadlines, procedures and rules of execution may result in the judicial authority refusing to satisfy the petition. The main document is the petition. It contains basic information, describes the desire of the petitioner and his plans for future life.

In order to find out what documents are needed to clear a criminal record through the court, you will need to consult with our criminal lawyer. The court may refuse to satisfy the petition if the filing deadlines are not met, the documents are not drawn up correctly, or they contain insufficient information.

Documents for expunging a criminal record early

application for expungement of criminal record;
a copy of the verdict, which must be certified by a notary and laced;
characteristics issued by the administration of the institution where the convicted person served his sentence;
certificate of actually served sentence;
characteristics from the district police officer and neighbors from the place of residence;
other characterizing material (more details at the link).

It is the petition that is the main document and contains the necessary information that is taken into account when making a decision on release:

personal data of the prisoner;
the article under which he was convicted, indicating the length of the sentence;
data on the behavior of the prisoner at the place of serving his sentence;
additional information confirming that the convicted person is ready for life outside prison (marriage, pregnancy of the spouse, birth of children).

Drawing up a petition

The document will need to reflect the following information:

name of the court, address of its location;
information about the convicted person: full name, name of the institution or public organization, address;
description of the verdict: name of the court, date of sentencing, article, responsibility;
indication of completion of sentence (or early release);
indication of the grounds for early expungement of a criminal record (exemplary behavior, employment);
listing of documents that confirm the existence of grounds (characteristics, certificates, extracts);
request to expunge a criminal record by court verdict;
list of attached documents;
Full name of the convicted person or the head of the organization, signature, date of sending the petition.

The attached certificates and papers include the following:

court sentence;
evidence that the person has served the sentence imposed on him by the court;
reference from superiors at the place of work;
characteristics from neighbors and other persons from the person’s immediate environment;
certificates confirming the fact of payment of compensation for damage caused by the crime;
a statement from the district police officer stating that he has no complaints against the applicant.

The completed document is sent to the law enforcement department at the person’s residential address. There are several ways to submit a petition:

upon personal visit to the department;
by Russian Post;
using the state portal “My Arbitr”.

The sample petition for a suspended sentence is approximately the same. You can send it if at least half of the appointed time has passed.

Assistance in expunging a criminal record early in Yekaterinburg

Clearing a criminal record through the court is possible; cases of filing this application are not uncommon for judges, and a positive decision depends on preparation for the process, building a position before the court and collecting all the necessary documents - you can find out more by consulting our lawyer who deals with criminal cases.

Important: if the court refuses to expunge your criminal record, you can always appeal the decision with our help; our lawyers often deal with the issue of appealing the court verdict, and therefore, the accumulated experience will help in carrying out this appeal.

Duration of restricted position

According to Art. 86 of the Criminal Code, a special legal status is assigned to the criminal from the date when the court verdict entered into legal force. This situation lasts for the entire period of direct implementation of criminal sanctions, and even for some time after serving the sentence.

The duration of the restrictions depends on the severity of the offense committed. For example, a serious crime entails more severe sanctions, which means additional control from the law enforcement system will last longer.

There are two ways to get rid of a criminal record - wait for it to be canceled or remove it early. In the first case, repayment occurs automatically, you just need to wait a certain time. No active action is required from the person concerned in such circumstances, except, of course, to comply with the law and refrain from further unlawful actions. In the second situation, the convicted person will have to independently petition the court to apply the DSS, proving the validity of applying this legal mechanism to him.

Sample petition for early expungement of a criminal record

To Leninsky District Court

Ekaterinburg

from

Ch.

Petition

on early expungement of criminal record

Zheleznodorozhny Court of Yekaterinburg, composed of presiding judge V.Yu. Nagornova reviewed the materials of the criminal case and Vanessa’s verdict, in open court, in relation to A. and Ch., for crimes under Art. 159 of the Criminal Code of the Russian Federation and 327 of the Criminal Code of the Russian Federation.

According to Art. 86 of the Criminal Code of the Russian Federation, if the convicted person behaved impeccably after serving his sentence, and also compensated for the damage caused by the crime, then, at his request, the court can remove his criminal record before the expiration of the criminal record.

By virtue of Art. 400 of the Code of Criminal Procedure of the Russian Federation: “the issue of expunging a criminal record in accordance with Article 86 of the Criminal Code of the Russian Federation is resolved at the request of a person who has served his sentence, by a court or magistrate in criminal cases within his jurisdiction, at the place of residence of this person. Participation in the court hearing of a person in respect of whom a petition to expunge a criminal record is being considered is mandatory.”

After serving part of my sentence and being released on parole, I behaved impeccably, which is confirmed by documents (copies attached):

In the reference from my place of work, I am assessed as an efficient, reliable, conscientious employee who demonstrates his business qualities in his professional activities, always ready to help in an informal setting, they indicate that in communicating with the team and clients I am sociable and polite (letter of recommendation from LLC, employment contract with Monetka, diploma, reference from the place of work).
My participation in self-education and improving the level of my knowledge through participation in programs indicates a desire to achieve more, not to stop there, to care not only about my well-being, but also about the development of the country’s economy, because the role of small business in Russia is significant, the state provides support and promotes the implementation of ideas aimed at creating a sustainable layer of small business (certificates for learning a foreign language, a certificate for the “Start your own business” training program, a Consultant Plus certificate, a certificate certifying participation in a corporate training for CJSC, gratitude to NPH for high achievements in developing a network of regional sales departments).
There are no complaints against me and my family at my place of residence, which indicates that I comply with the rules of behavior in society (household characteristics)
Fulfillment of obligations and contractual relations on my part is confirmed by payment documents confirming loan payment (application for fulfillment of loan obligations).

In addition, in my opinion, it is necessary to take into account my marital status, the presence of a marital relationship, and a young child. After parole, I have strong social ties - I live with my family, work, which speaks of my social orientation. Currently, I am proving to society that I am a supporter of moral principles, human values and laws.

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According to Art. 400 Code of Criminal Procedure of the Russian Federation, Art. 86 of the Criminal Code of the Russian Federation

ASK:

I request that my criminal record be removed before the expiration date expires

Date, signature

How to remove a criminal record

A criminal record for any person, both actually serving a sentence and a suspended sentence, has negative consequences, which are expressed in the restriction of certain rights, as well as the occurrence of certain consequences of a criminal legal nature. This interferes with a person’s life in freedom and aggravates his situation in the event of criminal prosecution. The legislation provides for the possibility of expunging a criminal record if the convicted person:

has served his sentence, but his criminal record has not yet been expunged;
has good behavior and works hard;
positively characterized by place of residence and work;
regularly appears at the bodies of the criminal-executive inspection (CII);
admits guilt and gives a critical assessment of the crime committed;
fulfills all obligations imposed on him by the court.

Important! The expungement of a criminal record terminates all restrictions on constitutional rights that existed in relation to the convicted person, including criminal legal consequences (Part 6 of Article 86 of the Criminal Code of the Russian Federation).

Deadlines for filing an application

There is no rule in Russian legislation that would clearly regulate when exactly a person receives the right to apply to initiate a DSS. Theoretically, this can be done at any time convenient for the interested party. However, in practice everything is a little more complicated.

Firstly, delays may arise due to the need to prove impeccable behavior from the point of view of the legislator. It will take at least one month to establish yourself positively. Sometimes finding a job or undergoing treatment for alcohol addiction takes several years. Secondly, it is required to pay for the material and moral damage caused during the crime. This requires money, which is not always available to the convicted person.

Important! There is one more rule that was actually formed by Russian judicial practice. It lies in the fact that the person who has served the sentence imposed by the court must wait at least half of the period established for its expungement before applying for the annulment of his criminal record.