Check a person's criminal record online using the Ministry of Internal Affairs database.

• Who checks individuals using the Ministry of Internal Affairs database?
• What is a criminal record?
• Why check a person using the Ministry of Internal Affairs database?
• Checking an individual using the Ministry of Internal Affairs database online
• How to get rid of a criminal record?

Nobody wants to get involved with people who have had problems with the law. This applies to both personal life and business relationships. After all, many restrictions apply to such people. And having an employee, business partner or spouse with a criminal record can get you into a lot of trouble.

Why check

Before we tell you how to find out if a person has a criminal record online, let’s figure out why this is needed.
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 passed a guilty verdict against him. Problems with the law, and the presence of problems with the law and facts of criminal prosecution of a person in the past, will prevent him from working and performing other actions in the future. Such a “black mark” will create problems with employment and will not provide the opportunity to:

• obtain permission to carry weapons;
• adopt or take custody of a child;
• obtain a visa to some countries;
• get a job in the FSB, the Ministry of Internal Affairs and the prosecutor's office.

Such restrictions apply by law, so the question of how to check a person’s criminal record is sometimes very pressing. In addition, in some cases, the court verdict is considered extinguished. This, in particular, happens if the probationary period with a conditional sentence has ended and a certain period of time has passed from one to three years after serving the sentence.

What restrictions does a criminal record impose?

First of all, it is necessary to understand what the current legislation understands by this term. Thus, according to Article 86 of the Criminal Code of the Russian Federation, this is a special legal status of a citizen against whom the court has pronounced a guilty verdict for a crime he has committed.

This is the final stage of criminal liability, which is associated with the imposition of punishment or other measures of a criminal legal nature. The status of a criminal record begins from the day the court verdict enters into legal force and continues until it is expunged or removed early in the manner prescribed by law.

Problems with the law leave a negative imprint on a person’s entire social life, but there are also consequences that are imperatively established by law. Among them are prohibitions on:

• election to governing bodies;
• performing state civil service;
• obtaining a weapons license;
• employment in some structures (educational, law enforcement);
• enlistment.

The list is impressive, and it becomes clear that the question of how to check a person’s criminal record legally is of interest to many: employers, officials, military structures.

Who should you check?

Article 65 of the Labor Code of the Russian Federation allows you to require such a document. It lists the documents that must be required when concluding an employment contract. It contains a criminal record certificate.

Once a court conviction has been expunged, the person should not suffer any legal consequences, but will be prevented from obtaining employment. For example, according to the provisions 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 the individual (with the exception of illegal hospitalization in a medical organization providing psychiatric care in an inpatient setting, and slander);
• sexual integrity and sexual freedom of the individual;
• families and minors;
• public health and public morality;
• the foundations of the constitutional order and security of the state, peace and security of mankind;
• public safety.

IMPORTANT!
The ban is indefinite, so even an expunged criminal record will not remove it.

But there is a list of professions for which it is mandatory to check a person’s criminal record online by last name:

• civil servants (clause 2 of 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 - Article 351.1 of the Labor Code of the Russian Federation);
• aviation specialists (clause 3 of article 52 of the Air Code of the Russian Federation);
• FSB employees (clause “c” of Part 3 of Article 16 of the Federal Law of 04/03/1995 No. 40);
• bailiffs (clause 3 of article 3 of the Federal Law of July 21, 1997 No. 118);
• customs officers (clause 1 of 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 02/07/2011 No. 7);
• prosecutors (paragraph 5, paragraph 2, article 40.1 of the Federal Law of January 17, 1992 No. 2202-1);
• security guards at fuel and energy complex facilities (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 02/09/2007 No. 16).

When a criminal record is and is not expunged

A criminal record is expunged automatically; a separate court decision is not required:

• after the expiration of the suspended sentence - immediately;
• after the end of another sentence not related to imprisonment - after 1 year;
• after release from prison - for a period of 3 to 10 years, depending on the severity of the crime.

If a citizen behaved impeccably during the term of his sentence, and was also amnestied or pardoned, then the criminal record can be canceled by the court early. In practice, this rarely happens, rather the exception to the rule.

If during the term of a criminal record a citizen commits a new crime, then the term for it will be considered separately and will not affect the expungement of the previous conviction. In other words, the criminal record will be expunged in any case.

You can reliably find out whether you have a criminal record through an official request to the Ministry of Internal Affairs.

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 absolutely legal way to find out whether an employee has had problems with the law in the past is to ask him to bring the relevant 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 all you need is 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 government 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 is obliged to obtain their consent to represent their interests in this matter and request information immediately in bulk. This is acceptable and will take the same amount of time as receiving one certificate.

Checking a person's criminal record: is this necessary?

From the above, we can conclude that finding out a person’s criminal record online is a troublesome task. It is much easier to obtain other information that is no less valuable for the employer. For example, you can request an applicant's credit report or credit score right now.

A credit report will help you evaluate how realistic a person is about their financial capabilities. Late payments are a warning sign. But a neatly paid mortgage, on the contrary, speaks of the ability to correctly set priorities and fulfill obligations.

A debt-ridden employee can cause a lot of trouble for the employer. He will demand a salary increase, spend working time solving financial problems, and in the worst case, he will go as far as stealing property, money or a client base. This is especially true for financially responsible employees and TOP managers.

How to check online

But what if an employee works, and his superiors have suspicions that he is in trouble with the law? He doesn’t want to bring a certificate voluntarily. How can I find out about a person’s criminal record via the Internet or in another way without his consent? There is no legal way. Only the state security service and internal affairs bodies have the right to receive such information. The security services of even government organizations and institutions do not have such powers. Moreover, an attempt to secretly obtain such information from the database of the Ministry of Internal Affairs is an administrative offense, liability for which is provided for in Part 2 of Article 13.11 of the Code of Administrative Offenses of the Russian Federation. The fine will be assigned 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.

So don't 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 and in various court registers. Using the search, it is easy to 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, its receipt is not a violation. In addition, it is possible to 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.

Criminal record - what it means and how it affects life

If a citizen is found guilty of a criminal offense by a court, he is considered to have been convicted. After time has passed, the criminal record may be expunged.

An outstanding criminal record limits a person in many ways:

Prohibition to hold a wide range of positions. It will not be possible, for example:

• work with minors (not only teach, but also treat);
• serve in the military under a contract;
• get a job at the prosecutor's office, the Ministry of Internal Affairs, the FSB, the court, customs;
• work as the chief accountant of a joint-stock company.

The employer is required to check candidates for such positions for criminal records - a certificate will be required.

• Many employers, under any pretext, refuse to hire a candidate with a criminal record, even if the law does not prohibit him from working at the enterprise.
• Refusal to receive a loan. Banks must check for criminal records and collect information about any client offenses, including tax debts and traffic police fines.
• It is very problematic to arrange guardianship or adoption of a child, and much more.

A criminal record will be an aggravating factor if a person is brought to trial on charges of a new crime.

How to check on the court website

To do this, you will need to find the official website of the court of general jurisdiction at the place of registration of the potential employee. After this, follow the instructions:

1. Find and go to the “Judicial Proceedings” section.
2. In the search column, enter the person's last name.
3. Click on the "Find" button.

Some sites will require more details. This is, for example, what the search system looks like on the official portal of the courts of general jurisdiction in Moscow.

How to remove information from a database

Based on paragraph 38 of the order “On the Unified Record of Crimes,” data can be seized only if there are rehabilitative grounds. This is done exclusively through the court. The claim will need to provide evidence on the following points:

1. Illegal data processing has occurred
2. Data confidentiality has been violated
3. Constitutional rights violated
4. There is no need to store citizen data

Judicial practice shows that this is a complex process, and it extremely rarely ends in favor of the plaintiff. A positive decision is made if the data was entered due to an operator error or in the event of a technical failure. An alternative option is that the case results in an acquittal.

Ultimately, it is only partially possible to legally check a person’s criminal record online. As a rule, this is information from open sources on official websites of authorities. The average citizen does not have access to the Ministry of Internal Affairs database.

Any offer or website is an obvious scam. Moreover, obtaining information from the Ministry of Internal Affairs database without the consent of a citizen or without legal documents may result in a serious fine.

Check on the bailiffs website

On the bailiffs website, you will learn about open enforcement proceedings against an individual and check whether he is wanted on suspicion of committing a crime:

1. Go to the Enforcement Proceedings Database (if you start from the main page, then first go to the “Services” section).
2. ABOUT.
3. Enter information about the person.
4. Click on the "Find" button.

Checking through the CheckPerson online service

We will help you verify the reliability of your business partner, future spouse and candidate for a position in your company (don’t forget to request written consent for verification from a third party, so you will not violate the Federal Law “On Personal Data”). And also check yourself for a criminal record and be sure of the impeccability of your reputation, or prepare for clarifying conversations in advance.

Comprehensive verification and full report from official sources:

• search base of the Ministry of Internal Affairs;
• base of the Federal Bailiff Service;
• Federal Tax Service.

You will find out the latest information about debts, search, seizure of property and other parameters by your full name and date of birth. According to your passport data, you will get a comprehensive picture of:

• credit rating;
• TIN;
• expired passport (based on the database of invalid passports of the Ministry of Internal Affairs).

You can order a report for yourself or for another person. Minimize risks with CheckPerson, be confident in yourself, employees and partners!

How to check on the website of the Ministry of Internal Affairs

This is done on the “Attention, wanted!” page. To get to it from the main page, 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 Ministry of Internal Affairs database contains absolutely all cases of bringing citizens to criminal liability and it is impossible to remove them from there. Even the canceled sentence appears in the certificate. Moreover, only their database reflecting criminal records allows you to check a person with a 100% guarantee. By virtue of Order of the Ministry of Internal Affairs of the Russian Federation dated November 7, 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,” the issued document will display all facts of criminal prosecution, even those that did not entail any consequences.

○ Who practically tried and what happened.

In judicial practice there are a lot of cases that ended in the refusal of the applicant to satisfy his demands.

Example 1. Case No. 2-1406/2011. Citizen Yagodkina I.I. appealed to the court with a request to remove information regarding her from the database. In her statement, she indicated that the prosecution for the act she committed was terminated, although she never received the prosecutor's order. The court, having studied the case materials, came to the conclusion that it was impossible to remove information from the GIAC, since the parties did not deny the fact of committing a crime. The court explained that termination of proceedings on non-exonerating grounds is not a reason to destroy data from the system.

Example 2. Case No. 2-4962/2013. Citizen Miller N.V. appealed to the court with a demand to remove information about him from the GIAC of the Russian Federation because he considers the storage of information discrediting him illegal. From the case materials it is obvious that the applicant was convicted, served his sentence, and had his conviction expunged. The court refused to satisfy the applicant's demands, indicating in the decision that the information entered the database legally, so its exclusion was not provided for.

Other examples can be given.

Next, we will consider the court decisions taken in favor of the applicants.

Example 1. Case No. 2-7330/2011 ~ M-7113/2011. Semenov N.P. It was possible to prove that information about the crime he allegedly committed got into the database by accident; a criminal case was never opened against him. Since the materials had already been destroyed, and the police confirmed the fact that no case had been opened, the court ordered the authorized body to delete information about N.P. Semenov. from the SIAC of the Russian Federation.

Example 2. Case No. 2-604/2011 ~ M-267/2011. Shamsutdinov N.R. won the argument because he proved that he knew nothing about the fact that an investigation was being carried out against him. Since the case materials were destroyed and cannot be restored, the court decided to satisfy the requirements to remove information from the GIAC of the Russian Federation.

Example 3. Case No. 33-2621/2011. Sheremetyev V.M. committed a crime that ended in the reconciliation of the parties in a private prosecution case. The applicant asked the court to remove information about the crime from the database, since the proceedings ended on exonerating grounds. The court satisfied the demands of V.M. Sheremetyev. Information about him was indeed subject to removal from the database.

Thus, it will only be possible to remove information from the RF GIAC database if it is located there illegally.

If the organization requires a certificate of no criminal record

You can obtain such paper yourself in several ways. The simplest one, which we have already mentioned, is through the government services website. In your personal account, make an application, fill out the 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. They are obligated to work with such requests from civilians by Order of the Ministry of Internal Affairs No. 965. The third method is directly to the MFC. In the last two cases, for registration you will need to provide:

• passport and its copy;
• application for a certificate.