How to write a petition to expunge a criminal record (sample)?

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Expungement of a criminal record provides for its early termination on the basis of impeccable behavior of a citizen or as a result of a decision on pardon or amnesty. To remove it, you must contact the court, since the final decision is made only by the court. The applicant submits a corresponding request, a sample of which can be found in the article.

Criminal record and its consequences

A criminal record appears from the time when a decision made by a court begins to take effect and its influence will remain until it is overturned in court or extinguished. The Criminal Code of the Russian Federation takes into account if in the future there is a repetition of the offense by a person who previously served a sentence.

So, a criminal record is the final stage to which criminal actions lead, it appears from the date when the court decision takes force, the citizen becomes convicted. That assumes that the consequences established by law will be not only criminal, but also social.

The onset of criminal law results is possible if there is an existing criminal record that has not been expunged or it has not yet been expunged in cases where persons commit a new crime:

• if the subject has a number of convictions for various types of crime, they can cause some kind of relapse;
• for some unlawful acts, the presence of other terms will be considered as the basis of a crime;
• if the offense is repeated by a person previously convicted of a medium, serious or especially serious crime, then this will serve as an aggravating fact when sentencing for a new crime;
• the provisions of serving may be affected by the presence and number of existing convictions;
• for those citizens who have previously been convicted and are being punished, a more severe sentence is applied in conjunction with the one already passed when they commit a new crime;
• the procedure for applying parole to subjects serving a sentence for a number of offenses of a certain gravity will become more severe;
• Citizens who have already had a criminal record for serious and especially serious crimes will not be subject to amnesty if they commit a repeated act.

As a rule, any unlawful act carries consequences, but in this case, in addition to serving the sentence, there will also be general social consequences, which include:

• citizens with a criminal record are limited in fulfilling certain labor obligations, that is, they will not be able to work as judges, police officers or other law enforcement officers;
• when applying for employment or otherwise filling out official documents, a person must indicate a criminal record;
• subjects who have served time for serious offenses are not even called up for compulsory military service;
• the presence of criminal consequences may become a reason for restricting the movement of a person throughout the country;
• the Ministry of Internal Affairs exercises administrative control over those convicted of certain illegal actions;
• persons with a criminal record cannot obtain permission to obtain a permit to purchase and store weapons;
• According to the laws of a number of countries, citizens who have a criminal record for a list of certain offenses do not have the right to enter the territory of their state.

If a criminal record is removed by applying to the courts or it is canceled after the expiration of the established period, citizens are completely relieved of all legal consequences.

When is a criminal record expunged?

A criminal record is considered completely expunged if the period established by official legislation has fully expired.

Moreover, for each type of crime committed it is different:

1. The punishment is suspended - immediately after the end of the required probationary period.
2. The sentence was sentenced to imprisonment for a year after the punishment.
3. Committing minor crimes and violations of moderate category – three years.
4. Serious crime - from 8 years.
5. Especially severe - from 10 years.

To calculate the prescribed period, the exact punishment specified in the court verdict is taken.

Termination options and periods

The law provides several options that allow you to terminate the so-called state of criminal record:

• repayment, in this case cancellation occurs automatically after a certain period. An exception would be the conditional period; its repayment ends as a result of the end of the probationary period;
• removal of a criminal record early by filing a corresponding petition with the court.

It will be considered extinguished at the end of the period of time established by law depending on the severity of the causal harm:

• for the category of subjects to whom the punishment was applied in the form of a suspended sentence, the penalty expires at the end of the probationary period;
• for citizens to whom the punishment as a restriction of freedom was not applied will be considered closed from the moment a year passes from the date of execution or serving of the sentence;
• when brought to justice for illegal acts of moderate or minor gravity, the fact of criminal record will be removed after three years after serving it;
• for subjects held accountable for serious acts against the law and individuals, the consequences are lifted only eight years after the established period of punishment for the crime has been served;
• for especially serious acts, ten years after serving the sentence for the crime committed.

IMPORTANT !!! If a convicted person intends to have his criminal record expunged in advance, then an appeal to the courts must be carried out no less than half of the sentence has been served.

But more specific deadlines are set depending on the situation:

• if the application is carried out for the purpose of obtaining parole, then the person by law must serve at least a third of the total established time period if the punishment is imposed for a crime of mild or moderate gravity. The average degree obliges you to serve a sentence of no less than 1/2 of the period imposed by the court decision, for a particularly serious crime, more precisely for prisoners located in places not so distant for this category of crime, filing a petition will be possible only after two-thirds of the term has been served.

IMPORTANT !!! However, release on parole does not remove legal consequences from persons; a probationary period of time is provided for them, which begins from the moment the parole comes into force. Persons serving sentences for serious offenses and who have received approval for parole will have to be under control for one and a half years after their release, and after this time, submit papers to have their criminal record expunged;

• if the sentence imposed was executed in full, that the convicted person spent the entire established period behind bars and did not use the option of release on parole, then the criminal record may be cleared after half of the subsequent supervision period;
• In connection with constant changes made to legislative acts, articles of the Criminal Code also undergo changes, which may affect persons serving sentences. Depending on the amendments, it happens that the terms established for a crime are increased or decreased, thereby reducing the period of imprisonment or replacing it with a more lenient punishment, citizens can count on receiving freedom and having their criminal record expunged by submitting an appropriate petition;
• The legislation of the Russian Federation, and in particular Article 84 of the Criminal Code, provides for the early removal of all types of punishment if the prisoner is included in the amnesty. That is, an amnesty is an early release applied to convicts on the basis of a document signed in the Duma and extended to an unspecified circle of persons, with the exception of only those citizens who are serving sentences for crimes committed in a serious form. Amnesty implies leaving places that restrict freedom, and after filing an appropriate petition, the removal of a criminal record early;
• The criminal code also provides for release through pardon; citizens can be released if the president of the country writes a Decree in relation to a specific person, these actions are provided for in Article 85 of the Criminal Code of the Russian Federation. Pardon may be expressed in the mitigation of the existing punishment, as well as in the release of persons on parole with all possible consequences;
• If citizens whose age has not reached the age of majority were held liable in the form of imprisonment, then a punishment that implies a more lenient form is applied to them. So, for example, in accordance with Article 95 of the Criminal Code, expungement of a criminal record for this category of persons is allowed six months after serving the main term, but this is only for those convicted of mild offenses.

ATTENTION !!! If the crimes are of moderate severity, then it is possible to write a petition after a year, and in case of a severe form of the unlawful act committed, only after three years.

When a minor's criminal record is cleared, his legal representatives submit a petition; these can be both parents and guardians.

Legal reasons

Criminal record requirements are strictly regulated by modern law. Here are the most basic provisions:

1. The determination of the official status of a criminal record and the time period when full repayment occurs are prescribed in Art. 86 of the Criminal Code of the Russian Federation.
2. In case of parole, revocation is established under Art. 79 of the Criminal Code of the Russian Federation.
3. The process of filing and subsequent consideration of an official petition for the annulment of a criminal record is strictly regulated by Art. 400 Code of Criminal Procedure of the Russian Federation.

Conditions for early withdrawal

In order to have a criminal record expunged early, it is necessary that the convicted person have certain circumstances that allow the court to make a positive decision:

• the probationary period must be served for at least half of the established period;
• during the past period, the citizen serving him did not violate the established procedure and was not prosecuted for other illegal actions;
• in cases where having a criminal record interferes with the implementation of work activities, for example, does not allow you to leave the country due to work needs, etc.
• the form of punishment did not provide for restriction of freedom, but was imposed as a fine or community service;
• the damage caused to the injured party is fully repaid.

In order for a judicial opinion to be adopted in favor of the submitted petition, compliance with at least several points on the part of the convicted person will be required; one will not be enough.

Documentation

To exercise your rights to have your criminal record expunged, you must know what documents are needed.

When submitting papers with a request to expunge a criminal record, the convicted person will have to attach a package of papers in addition to the petition, such as:

• the verdict passed;
• confirmation that the sentence has been served;
• from the place of employment it is necessary to take a reference from the manager, naturally the text should be positive;
• confirmation of the fact of coverage of damages for the unlawful act committed.

During the trial, the court may also request other documents.

Evidence and documentary base

In order for a criminal record to be expunged earlier, a person must take care of collecting and providing a certain evidence base.

Papers that can be regarded as grounds for the complete legal annulment of a criminal record include:

• Various medical certificates;
• A paper from the district police officer about behavioral characteristics;
• Positive reference from the place of work;
• A certificate confirming that the applicant was not brought to new responsibility after serving his sentence;
• Testimony from relatives, neighbors and colleagues living in the house.

All these are additional supporting certificates that are attached to the main ones. The list may be supplemented with other documents at the discretion of the court.

Among the required papers and certificates are:

• Judgment;
• Characteristics taken at the applicant’s place of employment;
• Certificate of serving the sentence;
• Papers proving that the damage caused by the violation was fully compensated.

Sample application

When writing a document on the basis of which a meeting to consider a case on expunging a criminal record is opened, you should take into account the order of its preparation and the requirements for content:

• information about the court to which the petition will be sent;
• information about the person submitting it;
• information about when and for what the punishment was applied and to what extent it was executed by the applicant, that is, whether he served his sentence completely or was released early;
• The following is a request for the removal of a criminal record;
• facts in which a criminal record causes inconvenience in everyday life;
• a list of legislative acts confirming the right to have a criminal record expunged;
• a list of evidence and papers attached to the petition.

At the end of the document there is a signature and the date when the document was written. By contacting a law office, citizens can obtain from employees a sample petition to remove the consequences of criminal liability ahead of schedule.

Instructions

Expungement of a criminal record in court is provided for and regulated by the Criminal Code of the Russian Federation, in particular Article 400. Submission of documentation for consideration of this issue is carried out at the place of residence of the convicted citizen. The applicant must be present at the meeting; if this does not happen for any reason, the submitted application will not be considered. At the service itself, bodies such as the penal inspection should be present, exercising direct control over the convicted person.

ATTENTION !!! The decision to expunge a person’s criminal record can be made, as is most often the case where judicial practice is mentioned, by submitting a petition of the appropriate type to the courts, or by a decision of the magistrate, if a refusal is received from the first instance.

The process of expunging a criminal record consists of several stages, which include:

• a convicted person who has expressed a desire to have his criminal record vacated after writing a petition will have to appear in court explaining why his request should be accepted for execution;
• and it is also necessary to provide evidence that will be attached to the applicant’s case;
• then the court considers all the materials provided;
• after which the prosecutor speaks at the meeting and expresses his opinion on this issue (if, of course, the prosecutor is present at the meeting);
• then other people who have the right to express their opinion on the petition speak up
• After hearing all participants, the court makes a decision

The conclusion on expungement of a criminal record is made by the judge independently. If it is issued in favor of the applicant, then this information in the form of a resolution is sent to the body that supervises the convicted person.

If the decision is negative, the convicted person will be able to submit a second petition only after a year has passed. It is possible to submit before the established time period, but the court will not consider the documents and will immediately refuse.

During the hearing on the expungement of a criminal record, the responsibility for presenting evidence that forms the basis for its removal falls on the applicant. So, what can serve in favor of the convicted person:

• documentation that will serve as evidence that after release the person was not brought to any responsibility, be it criminal, administrative or any other;
• papers that positively describe the convicted person; they can be taken from the place of work, training or other organizations;
• testimony from the applicant’s neighbors, they can be given both in writing and orally when attending a court hearing, despite the fact that they are not witnesses, they are still counted in a positive way, and are also included in the case;
• testimony of the district police officer from the applicant’s place of residence, in this case he provides information about the behavior of the convicted person;
• characteristics from UII services.

ATTENTION !!! Removal of the existing judicial consequences returns to the citizen some constitutional rights in which he was limited, but the information itself that a measure of criminal liability was applied to the person is stored in the Information Center of the Internal Affairs Directorate.

Legal status of a citizen after the removal of a criminal record

If a criminal record is cleared, it is considered that the citizen was not brought to criminal liability. This means restoring his civil rights. If a person commits a new crime, it will be considered as committed for the first time. A relapse in such a situation cannot be taken into account.

However, information about previous convictions does not disappear from the Ministry of Internal Affairs database and, in cases provided for by law, can be requested by authorized persons. Some restrictions imposed on a citizen will remain with him for life. Thus, he will not be able to join the police or prosecutor’s office, or get a job in an educational or children’s institution. This circumstance is also an obstacle to the adoption of a child. Judicial practice also testifies to this.

Example

A young pediatrician, after graduating from a medical academy, was denied employment based on the provisions of Art. 351.1 of the Labor Code of the Russian Federation, which imposes restrictions on work involving interaction with minors. It turned out that during the training period he was sentenced to a suspended sentence under Part 2 of Art. 228 of the Criminal Code of the Russian Federation (illegal possession of psychotropic drugs on a large scale).

The citizen did not agree with this decision and filed a lawsuit to cancel it. The statement of claim stated that the applicant was found guilty more than 3 years ago. At this time, he was studying in an internship and was not engaged in professional activities. The citizen was released early from the restrictions associated with punishment. Also, by court decision, his criminal record was expunged. The act did not entail any socially dangerous consequences. Among other things, the plaintiff referred to Part 3 of Art. 351.1 of the Labor Code of the Russian Federation, according to which a person with a previous criminal record may be allowed to work with children if the commission for minors gives permission. But he failed to win the case. A subsequent appeal also left the court decision unchanged (appeal ruling of the St. Petersburg City Court dated June 3, 2015 No. 33-8594/2015).

Is it possible to get a refusal?

Before filing a petition, a citizen must prepare all the required documentation and only then apply to the court.

But despite the availability of all the papers, the court may refuse such a request, but for this there must be grounds, which include:

• control of supervisory authorities is less than half of the period provided for by the Criminal Code
• the injured party has claims in the form of not fully repaid damage;
• The applicant was charged with minor offenses, fines, etc.

IMPORTANT !!! All court decisions are made on the basis of the facts and evidence provided by the applicant. The better his behavior, the greater the chances of a positive court decision.

Having a criminal record in a person’s life can play an extremely negative role, for example, when applying for a good position, a person is required to indicate the presence of a criminal record; if it is not expunged, this item may not play in favor of the person being employed. Therefore, at the first opportunity, citizens try to remove this stigma from themselves. But in order to do this, you must fully comply with the requirements established by law.