Features of the process of extinguishing a criminal record
First you need to decide what a criminal record is. The interpretation of the term is specified in Art. eighty-sixth Criminal Code of the Russian Federation (Criminal Code).
According to the article, it is applicable to the person (or persons) who committed the crime from the moment the
court verdict is announced
. And a person gains a special legal status.
The period of validity of a criminal record begins from the day it is announced by the judicial authority until the moment of repayment or withdrawal.
It will be bad for people who were previously held accountable for the crimes committed. Courts repeatedly committed offenses (sanctions for which are specified in the Criminal Code) are understood as a relapse. Therefore, with aggravating circumstances, hoping for an easier sentence is not worth it.
There is such a thing as the repayment of a criminal record. Legislation established that it is considered automatically settled after certain conditions are met. That is, a second court session and an appropriate decision are not required.
The legal, full term for the repayment of a criminal record expires after serving the sentence (primary and secondary, if the latter was assigned separately), or at the end of the trial period.
In an amnesty (an amnesty act is required) and a pardon, the criminal record is also considered canceled. However, the law states "may be withdrawn." We think no comments are required.
Legal Maturity
Indicated in the third part of Art. eighty-sixth of the Criminal Code:
- for persons with a suspended sentence, a criminal record is considered canceled after the expiration of the trial period ;
- for those who have not been deprived of their liberty, but have been sentenced, one year after serving the sentence imposed by the court, the criminal record is automatically paid off;
- the conditions are similar for persons who received sentences for crimes qualified as having a small or medium severity;
- for persons convicted of serious crimes, the criminal record is canceled after six years of release;
- finally, it is considered to be extinguished after eight years after the completion of serving the sentence to persons who committed especially serious crimes at one time.
Early withdrawal
If the convicted person does not violate laws and order, behaves impeccably, at his request, the judicial authority may, by its decision, make repayment ahead of schedule.
There is such a right and a public authority. All legal issues and requirements, the legislator indicated in Art. 84, 85, 86 (in their parts) of the Criminal Code of the Russian Federation.
What is the peculiarity of such a legal mechanism? For example, a court prohibits a person from holding certain positions for a certain time after serving a sentence.
The decision of the judicial authority on the early repayment of a criminal record removes all restrictions, including those of a criminal law nature.
Features of the repayment of criminal records in minors
Slightly different terms, shorter, established by Art. ninety-fifth of the Criminal Code in relation to persons who, at the time of the commission of the crime, had not reached the age of majority (eighteen years of age).
For conditional sentences, the repayment period is six months. For crimes with low or medium severity - one year.
For grave crimes and especially grave crimes - three years.