How long is a certificate of no criminal record valid? What is the validity period of a certificate of no criminal record?

Concept

A criminal record refers to the situation of a citizen whom a court has found guilty of committing a crime. Criminal liability occurs after a court decision. The certificate allows you to confirm the presence or absence of a criminal record at the time of its receipt.

In paragraph 6 of Art. 86 of the Criminal Code of the Russian Federation states that with the expungement of a criminal record, the consequences are annulled. Therefore, after this, the citizen has the right to work, obtain a permit to store weapons, and work as a security guard. Work restrictions cannot apply. Employers have the right to make inquiries about an employee, but not all do so. But in practice, even with an expunged criminal record, it is difficult for a person to find a job or get a visa.

Redemption

It is impossible to expunge a criminal record on your own.

It is automatically removed after serving the sentence .

Early repayment

A criminal record can be expunged only when the main and additional punishment, or the probationary period expires.

Article 84 of the Criminal Code (Part 2) provides for the possibility of expunging a criminal record through an act of amnesty, or (Article 85 of the Criminal Code, Part 2) pardoning a citizen who has served his sentence.

The Criminal Procedure Code provides for the possibility of early expungement of a criminal record.

In the court premises at the entrance you can find sample applications for applying to the court.

The application must be accompanied by a petition and characteristics.

There is also the concept of persons without a criminal record.

These are those who were convicted but released from punishment.

This can happen in the case where a conviction was carried out, but without an assigned punishment, or with exemption from punishment (expiration of the statute of limitations, amnesty ).

If the culprit has not served his sentence, then he is considered to have no criminal record.

This does not depend on how long the pre-trial detention lasted.

Deadlines

To understand whether a criminal record has been expunged, you need to understand what category the crime can be classified .

The Criminal Code must indicate the maximum punishment provided for the committed act.

If the committed act does not provide for imprisonment or imprisonment is possible only for two years, then this is a crime of minor gravity.

For crimes of medium gravity, the upper limit of imprisonment is 5 years.

For especially serious crimes, the punishment can reach 10 years.

Particularly serious crimes are those acts for which imprisonment for a term exceeding 10 years is provided.

For different types of punishment, different periods for expunging a criminal record are provided.

If a person was sentenced to a non-custodial sentence, then the criminal record will be considered expunged after one year.

For persons who have been imprisoned for acts of moderate gravity.

The expiration period for a criminal record is 3 years .

The expiration period for a criminal record for serious crimes is 6 years , for especially serious crimes – 8 years .

Why is a certificate required?

Before registration, you need to determine why the paper is needed. Typically, a certificate is issued for:

Production and renewal of passports.
Registration of a residence permit, its extension.
Obtaining a visa or work permit abroad.
Participation in the tender.
Permits to carry firearms.
Obtaining permission to work with illegal narcotic and psychotropic drugs.
At the request of creditors.
Registration of guardianship, adoption.
Employment in security, intelligence services, and civil service.
Residence in other countries.

This certificate is necessary in different situations. Therefore, it is important to know about its validity period, as well as how to properly draw up the document and what needs to be provided for this. The paper looks like a standard certificate, which sets out the facts about a specific person. You can order it in any convenient way.

Psychic Evasion

Labor legislation prohibits requesting information about the employee’s health status, with the exception of information that relates to the issue of the employee’s ability to perform a labor function (Article 88 of the Labor Code of the Russian Federation). When hiring, the following employees are subject to mandatory medical examination:

persons under the age of 18 (Article 69 of the Labor Code of the Russian Federation);
workers engaged in heavy work and work with harmful and (or) dangerous working conditions (including underground work), as well as in work related to traffic (paragraph 1 of article 213 of the Labor Code of the Russian Federation);
employees of food industry organizations, public catering and trade, water supply facilities, medical and preventive care and children's institutions (paragraph 2 of article 213 of the Labor Code of the Russian Federation);
persons recruited to work in the regions of the Far North and equivalent areas from other areas (Article 324 of the Labor Code of the Russian Federation);
persons hired for work performed on a rotational basis (Article 298 of the Labor Code of the Russian Federation);
workers in underground work (Article 330.3 of the Labor Code of the Russian Federation);
employees of certain other employers under federal laws.

At the same time, inclusion in local regulations of the obligation of employees to provide medical examination data and certificates stating that they are not registered in a psychoneurological or drug treatment clinic when hiring is unacceptable and is a violation of labor legislation.

…labor legislation prohibits requesting information about an employee’s health status, with the exception of information that relates to the issue of the employee’s ability to perform a job function…

For example, the Moscow City Court, in resolution No. 4 a-1742/11 dated August 29, 2011, came to the conclusion that the requirement established in the internal labor regulations of the employing organization is that any employee entering work in the organization must present the results of a medical examinations, violates labor laws. The requirement for an employee to present the results of a medical examination when hiring is contrary to the requirements of Art. 65 of the Labor Code of the Russian Federation, according to which, when concluding an employment contract, a person applying for work must not provide the employer with the results of a medical examination.

Restrictions for convicted persons

According to the law, a person's criminal conviction is considered a legal basis for imposing restrictions on him. They are as follows:

A convicted person cannot hold positions in the judicial, law enforcement, legal or teaching fields. According to pedagogical practice, the restriction applies only to those who have been convicted of serious crimes.
Restrictions on adoption or establishment of guardianship of a child. According to the RF IC, an adoptive parent cannot be a citizen who has or has had a criminal record for crimes, the list of which is specified in the law.
The right to purchase and store weapons is limited.
Restriction on passive suffrage during the period of a criminal record.
Restrictions on issuing permission to obtain a residence permit and citizenship of other countries. It is issued after the criminal record has been expunged.

This list of consequences is not exhaustive. It does not include situations where employers independently determine restrictions for those with a criminal record for vacancies in which citizens with a criminal record can also work. If labor law is violated, an employee can protect his interests in court. The law establishes how long a certificate of no criminal record is valid. This depends on the purpose, since the requirement to provide the document is made by various organizations.

Legally bypass the law

So how can you get maximum information about an employee without breaking the law?

A military ID will tell you a lot about a potential male employee. You can safely ask the candidate about it, since according to the provisions of Art. 65 of the Labor Code of the Russian Federation, persons liable for military service, as well as persons subject to conscription for military service, are required to submit military registration documents to the employer when concluding an employment contract.

When hiring an applicant liable for military service, the employer must request a certificate of a citizen subject to conscription for military service, if the man is of military age (18–27 years) and is not in the reserve, or a military ID (temporary certificate issued in exchange for a military ID), if he reservist for military service.

If an employee is released from military service for any reason on a permanent or temporary basis (has a deferment), then a note about this is made in the military registration documents themselves.

If, when concluding an employment contract, the employee did not present military registration documents, the employer must inform the military commissariat about this (paragraph “d”, paragraph 30 and paragraph “a”, paragraph 31 of the Regulations on Military Registration).

The head of an organization that has not notified the military commissariat about the hiring of an employee of military age who has not presented a military ID may be held administratively liable in accordance with Art. 21.4 of the Code of the Russian Federation on Administrative Offences.

...the head of an organization that did not inform the military commissariat about the hiring of an employee of military age who did not present a military ID may be held administratively liable...

The military ID indicates the category of suitability for military service and the number of the illness list item (if any). Articles 14–19 are related to mental disorders and diseases of the nervous system. For example, code 18b speaks of moderately severe personality disorders with unstable compensation or already compensated, and more specifically:

moderate forms of personality disorders, manifested by affective breakdowns, reactive states, and severity of vegetative reactions;
transient (partial) personality disorders that do not reach the level of psychopathy, including those with persistent compensation of emotional-volitional and other pathological manifestations;
infantile personality disorder;
disorders of gender identity and sexual preference.

Of course, it may be that the candidate received a “bad” entry on his military ID in order to avoid conscription. However, this circumstance does not make the person beautiful. A serious organization would prefer not to hire a fraudster who has broken the law.

Thus, by studying a military ID, you can get an idea of the personal qualities of its owner.

When hiring a foreign citizen, the presence of a work permit may mean the absence of a criminal record, or the Federal Migration Service is not aware of its existence.

According to paragraph 9 of Art. 18 of the Federal Law of July 25, 2002 No. 115-FZ “On the legal status of foreign citizens in the Russian Federation”, a work permit is not issued to a foreign citizen, and the issued work permit is canceled by the territorial body of the federal executive body in the field of migration, if this foreign citizen has an outstanding or unexpunged conviction for committing a grave or especially grave crime on the territory of the Russian Federation or abroad, recognized as such in accordance with federal law. However, work permits are not issued to drug addicts or those suffering from one of the infectious diseases that pose a danger to others.

Documentation

To issue a certificate, you need to prepare a list of documents:

Photocopy of Russian passport. To provide a certificate to the migration service, you should make a copy of the pages of your passport.
An application including personal information of the applicant and the desire to receive a certificate. The form should be taken from the police station at your place of residence. The application is submitted by the applicant in person, so you must have documents with you.

Sometimes you need to prepare additional materials, which include the following documents:

Power of attorney. Required if the applicant is unable to submit an application independently. The document is drawn up in accordance with the requirements of the law, so it must be certified by a notary. Copies of the internal passport are provided with the power of attorney.
Birth certificate. If you need to issue a certificate of no criminal record for a person under 14 years of age, then this document is mandatory.

The form must be filled out carefully, because corrections and errors may result in a refusal to provide a certificate. Then you will have to reapply.

Features of drawing up a petition to expunge a criminal record

A petition to expunge a criminal record is drawn up in the prescribed form with additional documentation attached to it and can be submitted not only personally by the citizen, but also by his employer, or an organization in whose activities he takes part , etc.

Its configuration may vary, but must include:

a copy of the court verdict on the established punishment;
a certificate of completion of the sentence from the relevant institution;
personal characteristics from the place of residence or from the employer;
copies of supporting documents confirming the fact of compensation for damage caused by the committed act (if any).

At our own discretion, any evidence indicating that the previously convicted individual has led a respectable lifestyle may be attached to the petition: certificates, awards, incentives, information about volunteer activities, etc.

The more evidence is provided, the greater the likelihood that the application will be granted.

After expungement or removal of a criminal record, the legal status of a person is completely restored, with the exception of certain aspects regulated by law.

A person who has previously had a criminal record cannot find employment in a number of organizations and government security agencies.

Basically, the rights and freedoms of such a person are not subject to significant restrictions.

In addition, after the PS, he is not obliged to talk about his past, and has the right to non-disclosure of the fact of his criminal record.

Where to contact?

For help you can contact:

Department of the Ministry of Internal Affairs. The application should be submitted to the territorial office located at the place of residence.
MFC.
State services resource. This project simplifies the procedure for obtaining papers and shortens the process.

The validity period of the Ministry of Internal Affairs certificate of no criminal record is the same as when applying through State Services or the MFC. After accepting the documents and application, the applicant is given the following information:

An extract with information about the place of issue of the document.
Application number, which may be useful when contacting a government agency to obtain data on readiness, as well as to obtain a certificate.
Reference number.

The document is issued within 30 days. Sometimes this period is extended to 60 days. In order for a document to have legal force, an apostille must be affixed. According to the regulations, this must be done by the authority that issued the paper within three days from the date of issue. The price for performing the procedure is different in each region. The average cost is 1,500 rubles. At the same time, the validity period of the certificate of presence and absence of criminal record is the same everywhere.

Where can I get a criminal record certificate?

Information about a person’s criminal record is stored in the Ministry of Internal Affairs. The certificate can be obtained from information centers at the Ministry of Internal Affairs. To receive the document, the applicant for the position needs to find out where this center is located in his city. If there is no information center in the area, you should go directly to the police station. You must take your passport with you. To obtain a certificate, you need to fill out an application. If the applicant cannot appear at the center in person, the certificate can be issued by a representative. He must have a notarized power of attorney with him.

Deadlines

The deadline for providing a certificate is 30 days. During this time, the applicant receives a document. The period is counted from the date of registration of the application. If additional information is needed to issue a certificate, the specified period may be extended. The maximum extension duration is 30 days. The applicant is notified of the extension of the deadline.

The document itself does not indicate its validity period. It depends on the specific circumstances. In the Russian Federation, the certificate will be valid for 3 months. In the US, EU and Canada, the document will be valid for 6 months. The official validity of the certificate begins from the moment of its issuance.

IMPORTANT! If the applicant does not come for the certificate at the specified time, the document will be stored in the information center for 2 months. During this time, the document can be collected.

In what cases can the issuance of a certificate be refused?

The Information Center may refuse to issue a document. Refusal is valid in the following cases:

An application for a certificate was not submitted.
The contents of the statement cannot be read.
Providing documents that do not meet the specified requirements.
Submitting an incomplete set of papers.

The application can be submitted electronically. Let's consider the grounds for refusal in this case:

Errors in personal data.
Blank lines in the application.

Grounds for refusal are provision of incorrect information. The applicant is notified of the refusal. In this case, you should re-prepare the application and fill it out correctly.

Registration via the Internet

To obtain a certificate, you can submit an application online. To do this you should:

Register on the State Services website, recording your personal information, phone number and e-mail.
Fill out an application.
Attach scanned documents.
Confirm the procedure.

A notification about the status of the application is sent to the applicant's email. A day is provided for this. If the application is accepted, the message will indicate the date of acceptance when you can pick up the document.

Duration of action

How long is a certificate of no criminal record valid? Time is calculated from the date of receipt of the paper. The validity period of a certificate of no criminal record is determined by the purpose and place of issue. This is usually indicated in the document itself. In addition, the applicant indicates why he needs it.

How long is a certificate of no criminal record valid if it needs to be provided in Russia? In this case, the document is valid for up to three months. If the deadline has expired, you must reapply for registration.

How long is a certificate of no criminal record valid if it needs to be submitted to the embassy of another EU country? In this case, the period is up to six months.

What is the validity period of a certificate of no criminal record if it must be submitted to the US Consulate? Then this period is valid for up to three months.

When hiring, the term is set by the employer.

To establish guardianship, the period is extended to a year. How long a certificate of no criminal record is valid depends on its purpose.

Limitation periods

The statute of limitations for criminal convictions expires as follows :

2 years
if the crime is of minor gravity;
6 years if the crime is of medium gravity,
10 years if the crime is serious,
15 years if the crime is particularly serious.

The statute of limitations will be calculated from the moment when the crime was committed until the moment when the court verdict came into force.

For each crime, these terms are calculated independently.

If a person evades trial and investigation, the statute of limitations will be suspended.

For persons under 18 years of age , there are some benefits that apply to the statute of limitations.

A criminal record is indicated on the certificate, but it has been expunged

Usually a certificate is required to confirm that there are no problems with the law. But sometimes the information received may contain the fact of liability. If the paper indicates one or more criminal records, there is no need to despair. Rules for calculating their repayment are necessary for those who want to get a decent job.

If a criminal record is expunged, then the person is officially not convicted. All accusations remain in the past. A criminal record is annulled if:

The probationary period ended with a suspended sentence.
One year has passed since the end of serving the sentence.
More than three years have passed since his release, which was punishable by up to five years in prison.
More than eight years have passed since his release, during which up to 10 years of imprisonment were imposed.
More than 10 years have passed since release, if the sentence was 10 years in prison.

Legislative restrictions on hiring with a criminal record

Persons with a criminal record are not allowed to work (serve), in particular:

in the field of pedagogy, upbringing and education (Article 331 of the Labor Code of the Russian Federation);
in the field of child and youth development and sports (Article 351.1 of the Labor Code of the Russian Federation);
in the field of medical care and social protection of children (Article 351.1 of the Labor Code of the Russian Federation);
in the field of culture and art with the participation of children (Article 351.1 of the Labor Code of the Russian Federation);
in the internal affairs bodies of the Russian Federation (Article 14 of the Law “On Service in the Internal Affairs Bodies” dated November 30, 2011 No. 342-FZ);
in the FSB of the Russian Federation (Article 16 of the Law “On the FSB” dated 04/03/1995 No. 40-FZ);
in the Federal Drug Control Service of the Russian Federation (the restriction is contained in instructions for admission to service);
in customs authorities (Article 7 of the Law “On Service in Customs Authorities” dated July 21, 1997 No. 114-FZ);
in the judicial authorities (Article 4 of the Law “On the Status of Judges in the Russian Federation” of the Russian Federation dated June 26, 1992 No. 3132-1.);
“On the prosecutor’s office (Article 40.1 of the Law “On the Prosecutor’s Office” dated January 17, 1992 No. 2202-1);
in aviation (clause 3 of article 52 of the Air Code of the Russian Federation);
in the field of clearing (Article 6 of the Law “On Clearing” dated 02/07/2011 No. 7-FZ);
in ensuring the safety of the fuel and energy complex, transport security (requirements are established by the relevant federal laws).

It should also be borne in mind the effect of the norm common to all government departments established by sub. 2 p. 1 art. 16 of the Law of July 27, 2004 No. 79-FZ. According to this norm, a person cannot be accepted into the civil service (be in the civil service) if he is sentenced to a punishment that excludes the possibility of performing duties in a civil service position, or if he has a criminal record that has not been expunged or expunged.

Cases of refusal to receive a document

Obtaining a certificate is considered a simple process, but you need to do everything correctly so that there is no refusal. Paper will not be provided in several cases:

The application is missing or contains errors or inaccurate information.
The text is difficult to read.
There are no original documents or their copies.
The list of documents is not provided in full.
The application and other documents were submitted by the foreigner without translation.

If there are any errors, then everything needs to be redone. Therefore, it is important to check everything at once and also make sure that all documents have been submitted. The provided certificate can only be submitted at the destination.

Is a suspended conviction considered a criminal record?

Scientists believe that the term “ conditional conviction ” is not an entirely accurate name.

A criminal record, in this case, is quite real.

A conditional conviction is a criminal law measure that provides for a convicted person to assign a period during which he must prove that he has reformed.

This is monitored by special bodies entrusted with this responsibility.

If the probationary period is coming to an end , and the convicted person could not prove that he has reformed, the punishment can become quite real.

A criminal record for conditionally convicted persons is expunged when the probationary period has passed and the person has proven his correction .