Many guys are interested in whether citizens with criminal records are accepted into the army. It’s worth saying right away that there are many legal nuances in the answer to this question. Without understanding them, you cannot understand what kind of relationship people who have a criminal record have with the military registration and enlistment office.
Some guys think that they can even get a suspended sentence so as not to go into the army. We warn you that information about a criminal record is recorded in state databases for the entire life of the citizen, and it is impossible to erase this data; this will put an end to work in many organizations, as well as in responsible positions. And you will still have to join the army, more on that below.
Other people are interested in contract service, but have a criminal record in their biography. Do they hire citizens with a criminal record for contract service? It’s also worth saying a few words about this. Let's take a closer look, starting with the definition.
What does "conviction" mean?
Let's first understand what it means to “have a criminal record.” From the word itself it is clear that first there will be a trial. And a person goes to trial after law enforcement agencies have sufficient materials and evidence that the citizen has violated the law. In turn, the citizen can provide the judge with evidence of his innocence.
Having objectively assessed the arguments of each side, the court must make a decision (one of two things): whether the citizen is guilty or innocent. A criminal record is the status of a citizen if the court decided that a person is guilty (committed a criminal offense) and he was sentenced. The punishment can be anything from probation to imprisonment (for example, for those who decide how to avoid the army).
What does the term “probation” mean?
A person who has committed an unlawful act is usually subject to a certain penalty. However, this is not always the case. There is a list of grounds enshrined in the law on which a person can be released from execution of punishment. If this act falls under the concept of “crime”, then the grounds for exemption from punishment are contained in the Criminal Code of the Russian Federation.
First, the judge determines whether the offense committed is a criminal offense. If a person is found guilty by a court decision, he is held accountable and the appropriate penalty must be applied to him. The judge has some alternatives at this stage.
A special part of the Criminal Code of the Russian Federation contains a certain punishment for each criminal act. Criminal articles provide for alternative types of sanctions, as well as different terms for execution of punishment. At the stage of making a decision, the judge takes into account all the circumstances of the case that mitigate or aggravate the responsibility of the accused. The judge has the right to choose the option of a suspended sentence - this is when, instead of actually serving a sentence (imprisonment), a probationary period is established. During this period, the convicted person must show by his positive behavior that correction is possible without actually serving the sentence.
It is not always possible to assign a suspended sentence. The Criminal Code clearly regulates cases when a judge has the right to replace a real sentence with a suspended sentence. Throughout the probationary period, the convicted person is under the strict control of the authorized body, by order of which additional responsibilities may be assigned to him, the purpose of which is his correction. If the convicted person disobeys the orders and violates the terms of probation, or commits another illegal act, the suspended sentence is replaced by actual execution of the sentence.
Consequences of probation
Despite the fact that the convicted person is not in a prison facility, his rights are very limited. He may also be subject to additional punishment in the form of restrictions on engaging in certain activities.
The judge may impose the following additional obligations:
- ban on visiting cultural events and other specific places;
- inability to quit a job or change place of residence without prior notification to the supervisory authority;
- finding a job or graduating from an educational institution;
- undergoing compulsory treatment, etc.
Conscripts with a criminal record
It is sad, but today it is not uncommon for young people under 27 to have a criminal record. Since the age from 18 to 26 years inclusive is “conscription,” the legislation specifies the specifics of conscription of convicted youths. Let's study the Federal Law "On Military Duty and Military Service." Thus, Article 23 of the law clearly states that young men are not subject to conscription into the army:
- Those serving sentences in the form of compulsory labor, correctional labor, restriction of freedom, arrest or imprisonment.
- Those who have a criminal record that has not been expunged or expunged for committing a crime.
- In respect of which an inquiry or preliminary investigation is underway or a criminal case in respect of which has been transferred to court.
Reasons to reject the army
According to the law, a deferment or exemption from military service can be obtained by:
- students of schools, colleges, universities - if they have not yet used the right to study deferment, and are in full-time study at an accredited state institution;
- young guys caring for one of the family members;
- young men with corresponding diseases from the Schedule of Diseases;
- those whose fathers or brothers died while serving, etc.
The full list can be found in Art. 23 Federal Law “On military duty and military service”.
Are people with criminal records accepted into the army?
In addition, in Art. 23 of the Law states that the following are not subject to conscription for military service:
- young guys under investigation;
- those who still have a criminal record;
- persons serving a sentence that restricts freedom (correctional labor, prison, arrest, etc.).
Expert opinion
Grigoriev Pavel Kirillovich
Head of the department for conscription of citizens for military service of the Russian Federation
The same law establishes the age of conscription into the army; young boys aged 18 to 27 can be called up for service.
Do they take you into the army with a suspended criminal record? A suspended sentence is the same as a criminal record, so in this case the young man is also not subject to conscription for military service. First, you need to wait until the suspended conviction period expires.
Criminal record and contract service
The procedure for contract service is also regulated by the Federal Law “On Military Duty and Military Service.”
In Art. 34 of the law lists citizens who can apply for a contract to serve in the army, and it states that a contract cannot be concluded:
- with people who are under criminal investigation;
- with people with an outstanding criminal record;
- with people serving sentences related to restriction of freedom or the right to hold a military rank.
In addition, according to this article, contract service cannot be concluded with citizens who have suffered administrative punishment for using narcotic drugs.
Do people with a suspended sentence get accepted into the army under a contract? No, in this case you will also have to first wait for the expiration of the suspended conviction period.
When is a criminal record considered expunged?
A citizen must serve his sentence to the end and not break the law for a certain time after it - these are the conditions for expunging a criminal record. The length of the so-called probation period depends on how serious the crime the person committed.
Thus, a criminal record is considered expunged after the following time:
- for people with a suspended sentence at the end of this term;
- if the punishment is not imprisonment, then a probationary period of 1 year is established;
- after a prison term for minor and moderately serious crimes - 3 years;
- serious – 6 years;
- citizens imprisoned as a result of committing a particularly serious crime must wait 8 years until such a conviction is expunged.
Let's give an example. An 18-year-old young man was convicted and sent to prison for 3 years for a crime of moderate severity. After his release, the young man was 21 years old. From this moment on, a probationary period of 3 years begins for him (determined by the severity of the crime). This means that if the young man is not involved in criminal offenses during these 3 years, then after this time the criminal record will be considered expunged. At this moment, the young man will be 24 years old - this is conscription age; accordingly, at the next draft he is obliged to appear at the military registration and enlistment office to undergo a medical examination and make a decision on conscription into the army, release from service or deferment.
Another example. If, after expiration of the probationary period after imprisonment, the citizen, for example, is 27 years old or older. This age is considered non-conscription age by law. In this case, the citizen comes to the military registration and enlistment office, undergoes a medical examination and receives a military ID, regardless of the doctors’ decision (and the category of fitness for military service).
How a criminal record is removed or expunged
Removal and expungement of a criminal record are two different things. A criminal record is automatically expunged after a certain period of time. The expungement of a criminal record occurs before the expiration of its term.
In the case of a catch punishment, everything is extremely simple - the probationary period has expired, the criminal record is automatically expunged.
Also, criminal records are automatically removed for criminals who are eligible for amnesty.
The Criminal Code has established the following terms for expunging a criminal record:
- 1 year – for those who were sentenced to a lesser punishment than prison;
- 3 years – for those who were in prison for a minor or moderate crime;
- 8 years – for those who served time for serious crimes;
- 10 years - for those who were punished for a crime of particular gravity.
At the end of the punishment period, a citizen has the right to apply to the court with a request to expunge his criminal record early. And in some cases (with good behavior, socially useful activities of the convicted person, etc.) the court grants the request.
Regardless of whether the criminal record was expunged or removed, as soon as it ceases to “hang” on the young man, he can receive a summons to the army.
In what cases is a criminal record expunged?
You can have your criminal record expunged before it expires. This can happen after the convicted person makes a request to the court. If the citizen behaves well, the court may accept his request and issue a special court document. This phenomenon occurs extremely rarely.
Also, when an amnesty is announced, if a citizen falls under its scope, this will also be followed by the removal of a criminal record.
Another option described in the legislation is pardon, which is also an unlikely outcome for the convicted person. The power to pardon lies with the highest official of the state.
Availability of probation
The word “conditional” is present here, but the sanctions in this case will be quite real, just somewhat relaxed. The person who commits the crime does not go to prison, but receives such restrictions on movement as:
- Periodic appearances at the authorities for registration;
- Notification of a change of address of residence, study or work;
- Compulsory treatment if certain addictions are present.
If a person has a certain suspended sentence, he is not drafted into the army. This condition is valid until the previously assigned criminal record is completely expunged.
According to the law, a criminal record can be annulled much earlier than its official expiration. To achieve a similar result, you can go one of three ways:
- Request from a previously convicted person through the court. If a person has proven himself to be law-abiding, the court will give a positive decision upon request. But you should know that this happens extremely rarely.
- Amnesty announcement. As soon as a person falls under its rules, the criminal record automatically becomes expunged.
- Pardon is another unlikely successful outcome. You can only receive a pardon from the highest government official.
Contract service with a criminal record
Nowadays, Russian citizens increasingly, at different ages, decide to connect their lives with military service and go to serve under a contract. Federal legislation imposes special requirements on candidates with a criminal record. Part 5 of Article 34 of the federal law says: a contract for military service cannot be concluded with citizens who have served a sentence of imprisonment. Also, the contract is not concluded for all the reasons stated above for conscripts (unexpunged criminal record and others).
What does the law say about contract workers?
Is it possible to serve under a contract with a criminal record? You will definitely learn about this further, but for now I would like to say the following. Two forms of punishment can be applied to a military person, which do not apply to non-military citizens:
- restrictions on military service;
- disciplinary military unit.
A military man can receive up to six months of arrest, but he will serve it in a guardhouse.
Staying in a disciplinary unit does not count towards the term of service; the conscript does not have a criminal record, which is good.
When the sentence comes to an end, the soldier returns to a regular unit to continue his service there. Cadets of military educational institutions also go there.
A cadet may receive such punishment before being promoted to officer rank. This type of punishment is used for both military and ordinary crimes, but the sentence is no more than two years.
A more severe sentence is grounds for dismissal from the army and sent to prison.
Service restrictions apply to contract soldiers (including sergeants and soldiers). For military personnel, the time of punishment is also not counted as time of service for promotion in rank; they do not receive a promotion. In addition, 20% of income is calculated in favor of the state.
Are they conscripted into the army with a criminal record, if we are talking about contract soldiers? The same rules apply to this as for conscripts, but there are additional points:
1)
those who have been deprived of their freedom do not have the right to take on a contract;
2)
this also applies to people who have been prohibited by the court from holding military positions;
3)
and those who had an administrative penalty for taking potent substances without a doctor’s permission or drugs.
The second and third exceptions are valid until the sentence ends and the administrative conviction expires (one year). And the first rule is valid without a deadline. So
Service under a contract with an expunged criminal record
is impossible.
The unit has an attestation commission. She reviews the papers of those who want to enroll in military service.
In some formations (FSB, Rosgvardia), a criminal record automatically closes the road. It is considered risky to employ such people
The article for which the person was cited is also taken into account.
Even if a person manages to enter the service, special attention will be shown to him. He will not be promoted or allowed access to materials containing state secrets.
Although much is determined by specific situations.
It turns out that getting into the army after a criminal record is much easier for a conscript; only those who do not have to serve a real sentence serve under a contract. Restrictions may also be imposed on the contractor due to criminal liability.
Do they take you into the army with a suspended criminal record?
Evgeniy Aristov
Good afternoon First of all, it is necessary to understand that there is no such thing as a “conditional conviction”. Most likely you mean a suspended sentence. In this situation, as in others, the young man will be drafted into the army only after his criminal record has been expunged. If a young man is given a suspended sentence, then such a conviction is expunged at the end of the term. As soon as the period expires, if the young man is under 27 years old, he will be obliged to report to the military registration and enlistment office during the next conscription period. All stages of recruitment will be carried out there according to the regulations. If a citizen is fit for service, he will be drafted into the army along with other young men.
Igor, St. Petersburg
Indicators of underweight body mass for conscripts
The main indicators for determining the correspondence of body weight and height, which doctors of the draft commission pay attention to, are the body mass index (BMI).
The normal index for citizens from 18 to 25 years old is considered to be in the range from 19.5 to 22.9 And for people from 25 to 45 years old, from 20 to 25.9, respectively. Having such indicators, conscripts are sent to serve without any restrictions.
As for underweight, which is considered a reason for deferment to the army, these indicators are at the level of:
- Young people from 18 to 25 years old have a BMI of 18.5-19.4;
- Persons from 26 to 45 years old do not exceed 19-19.9;
- If a conscript's weight is 45 kg or less, then he can count on being exempt from the army.
As for the first indicators, they imply an underweight, which is the basis for obtaining a deferment of 6 months.
If a young man of military age is notified of a discrepancy in the weight category, he will be sent to hospital treatment. If after six months the body weight has not changed, and no diseases are detected, and full working capacity is maintained, then he is sent to serve in the Armed Forces on the same basis as the category.
Taking into account the information received, it can be seen that insufficient body weight is not a reason for avoiding military duties. In addition, do not forget that if the draft commission considers it necessary to conduct a full examination, the deferment can only be extended for six months. And after that, the young man can be drafted into the army without any restrictions, if no diseases associated with being underweight are detected.
Neoplasms. Any tumors are grounds for a delay. The deferment extends to the period of therapy (if possible) and rehabilitation, after which the conscript is again invited for a medical examination. If the commission decides that the treatment was successful, the young man may be assigned category “B” and sent to military service.
Nervous system lesions. A deferment is given for temporary pathologies of the nervous system (including those resulting from injury or surgery). After 6 or 12 months, a re-examination is carried out at the military registration and enlistment office.
Eye diseases. (myopia more than 6 diopters, farsightedness more than 8 diopters) and serious anatomical pathologies. After successful operations, the conscript will go to serve in the army (except for a number of cases, for example, certain types of eye surgery).
Hearing impairment. Successful treatment and recovery, the results of which do not reveal permanent hearing loss, do not provide grounds for deferment.
Surgical treatment of a hernia involves a certain period of rehabilitation (set by the doctor), after which the young man can be drafted into the army.
Is it possible to get a deferment after surgery?
Do you want to get a deferment from the army? We will help you! Many conscripts ask the question: are they allowed to join the army after surgery? We will answer this question in the article below.
If a conscript has suffered an injury or has a functional disorder due to an acute illness, this may be a reason for declaring the young man temporarily unfit for service in the Armed Forces (category D).
Suffering from chronic illnesses, people who have undergone surgical operations that require time to restore the body, can also count on category G.
There is a provision that determines the procedure for conducting a medical examination, but it does not contain a clear interpretation of the duration of the delay for this type of illness. Therefore, each case is individual, and here the specialist who performed the operation plays a key role - his conclusion is taken into account along with the Schedule of Diseases.
It should be understood that only persons with a certain category of fitness can be guaranteed or recognized as completely unable to perform military service.
Can they join the army with an expunged criminal record?
Evgeniy Aristov
Hello. If we are talking about military conscription service, then the answer is “yes, they do,” but subject to meeting all the requirements for conscripts: level of health, the presence of deferments or reasons for exemption from service, the age of the young man and other factors. Citizens with an outstanding criminal record are not hired until the criminal record is expunged. Let's give an example. The young man, at the age of 24, committed a crime after graduating from college and was sentenced to house arrest for a period of 1 year. Such a criminal record is considered expunged 1 year after the end of the sentence. Thus, this young man will be 26 years old at this moment. But if there is no conscription at this time (for example, the month of February), and in March the citizen turns 27 years old, then he will be issued a military ID due to reaching the non-conscription age.
Details and nuances
When answering the question of whether people with a criminal record are accepted into the army, you need to keep in mind some important details. For example, the maximum age for a conscript. He is 27 years old. If the young man did not have time to expunge his criminal record before this period, there will be no talk about service.
Suspects are also not allowed to join the army. But immediately after they are removed, service is possible. Also, they are not called up immediately from prison after the end of their sentence. However, the commissariat has the right to require a person to serve immediately after his release.
Where are former criminals called up?
The military registration and enlistment office has the right not to conscript persons who have committed serious and grave crimes. This is done in order to protect young men from the harmful influence of such people and to ensure discipline in the army. Those who have committed petty crimes are called upon equally with respectable young men.
Distribution among troops depends on the conscript’s education and medical conditions. The expiration date does not in any way affect the choice of place of service, as many believe. The restriction is only on elite units, but it is not at all easy for an ordinary citizen with an excellent biography to get there.
Despite the fact that even persons with a criminal past can be drafted into the ranks of government employees, it is worth distinguishing:
- contract service, which has a number of nuances to get there if you have a criminal conviction in the past;
- passing through conscription on a general basis for distribution to different units of troops by the military registration and enlistment office, depending on what benefit you can bring to the country while undergoing military service.
Is this advisable?
This approach is quite natural. After all, the presence in the ranks of the army of persons with similar inclinations will have a detrimental effect on young people, on relationships in the team, and much more.
It turns out that serious criminals are simply eliminated and cannot join the army. As for minor offenses, many young people already manage to realize the infidelity of their actions and lifestyle, and therefore, for the most part, they do not create problems in the team.
Although, of course, situations are sometimes different.
However, it is worth noting one more nuance. Thus, people with criminal records do not join the elite troops.
And in general, they strive to keep the situation under control, avoiding problems.
Of course, the debate on whether people with a criminal record can be drafted into the army continues to this day. Some people believe that people with a criminal record should not appear in the army at all, under any pretext.
There are opinions that a separate branch of the military should be allocated for them, or they should be maintained in a separate order. Also, some people believe that those with criminal records should be called up first.
Without delay, send to hot spots.
There are radically different opinions, and this topic is regularly discussed again. However, in terms of legislation, no changes are expected so far, either in the near future or in the future. So you just have to keep in mind the existing realities.
Consequences of probation
Having received a suspended sentence, a young man becomes limited in his rights.
- the obligation to report monthly to the regulatory authority;
- it must notify about a change of place of residence, work or study;
- must undergo treatment if necessary;
- must take part in community service;
- must find a job;
- will not be able to travel abroad; The only exception may be the presence of a seriously ill relative abroad.
There are also restrictions on the position: a citizen will not be able to become an employee of the police, FSB or prosecutor's office. He will most often be refused employment by other organizations.
