When is a criminal record certificate required when applying for a job?

When and for what positions do you need a criminal record certificate?

The applicant must provide a criminal record certificate when applying for the following positions:

• Teachers, social workers, employees of cultural institutions, doctors. If an employee will work with children, he should not have a criminal record.
• Russian citizens applying for foreign companies. Traveling abroad may be associated with an attempt to evade criminal prosecution.
• Military personnel. Individuals will be working with weapons and explosives, which involves increased danger.
• People working in security structures. The certificate is needed for permission to purchase and carry weapons.

Applicants for the following positions may also need a certificate:

• Bailiffs.
• Employees of the fuel and energy complex.
• Employees of transport structures whose position is related to ensuring security.
• Board members of housing cooperatives.
• Heads of private companies specializing in employment.
• Employees who organize trading on the financial market.
• Managers of credit companies.
• Individual entrepreneurs whose activities involve communicating with children.
• Employees of the Investigative Committee and the Department of Internal Affairs.
• Law enforcement officials.
• Government employees.
• Employees of state paramilitary structures.
• Employees involved in ensuring the safety of the fuel and energy complex.

IMPORTANT! If the law does not stipulate that the position requires the provision of a certificate, the employer does not have the right to demand the document. There are appeal decisions in which the employee managed to challenge the employer’s unlawful demand. However, in practice, an employer may request a certificate unlawfully. In most situations, the employee provides this certificate, since otherwise the manager will not give the person a job, citing other reasons.

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.

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 of a police clearance certificate through the MFC

Today, obtaining a certificate of no criminal record from the MFC is the easiest way to obtain one. Multifunctional centers have a wide coverage area and convenient work hours. You can make an appointment in advance via the Internet or telephone, and also submit an application for the provision of public services on a first-come, first-served basis.

Required documents

The employee of the multifunctional center is provided with the following documents:

• application for government services (allowed to be filled out at home);
• the applicant's identity card;
• a certificate of change of full name (in cases where a person changed his name, for example, a woman could get married and take her husband’s last name).

The center specialist will collect the papers, verify your identity and issue a receipt with the application identification number and the approximate date of document readiness.

Cost and terms

There are no state fees for providing this paper. A criminal record certificate is issued within 30 days, but issuance may be delayed for another month due to additional verification of information.

Even if the document is needed urgently, you should not try to order a police clearance certificate through intermediary companies, since there is a high probability of buying an illegitimate document at a fairly high price.

The validity period of a certificate of no criminal record is limited to a period of 3 months. If a person was unable to receive the document on the day indicated on the receipt, he can do so within 2 months. After the specified period, unclaimed certificates are written off to the archives of the Ministry of Internal Affairs.

What is indicated in the certificate?

The certificate contains the personal data of the applicant, as well as information about the information center that issued the document. Information about a criminal record is certified by the signature and seal of the head of the department of the Ministry of Internal Affairs.

If a person has no criminal record, the note “no criminal record” is entered in all columns of the document. If the person has been convicted, the document indicates the date of initiation of the criminal case, the results of the investigation, the court verdict, and the article under which the person was convicted. All criminal records are listed on the certificate.

IMPORTANT! The employer is recommended to look at the original certificate. You can find it on the Internet. This need is associated with the risk that the applicant may provide a false document.

Expunged criminal record and expunged criminal record

Expunged criminal record is a situation when the sentence or probation period for a suspended sentence has expired. The deadlines are established by Art. 86 of the Criminal Code of the Russian Federation.

An expunged criminal record is a criminal record that is annulled by a separate court decision (as if it did not exist).

According to the law, both expungement and expungement of a criminal record must cancel all consequences associated with it. That is, the convicted person must be returned in full all his rights, limited by punishment.

Hence, there is a practice of removing information about a criminal record from the databases of the Ministry of Internal Affairs through a special court decision.

Responsibility for forgery of certificate

If it turns out that the document was forged, the employer has the right to dismiss the guilty person. If a person is only applying for a position, the manager simply does not hire the employee. However, this is not all that awaits the applicant. Forgery of documents implies criminal liability. Types of liability for providing knowingly false information:

• A fine of up to 80,000 rubles.
• Income of the guilty person for six months.
• Mandatory work lasting 180-240 hours.
• Correctional labor for up to 2 years.
• Imprisonment for 2 years.
• If there are aggravating circumstances, the prison sentence is extended to 2 years.

An employee may try to obtain a false document, but this is strictly not recommended. The security service will quickly reveal the fact of forgery, and the person will have to bear the corresponding responsibility.

The need to submit a certificate

The issue of submitting a certificate of the presence (absence) of a criminal record arises when a citizen is employed. In accordance with current labor legislation, the employer has the right to require the presentation of the above certificate in case of employment for a position that involves:

• pedagogical activity;
• activities in the field of education, upbringing, development of minors.

Federal laws also provide for restrictions on hiring in certain areas if a person has an expunged criminal record.
For example, a person who has previously had a criminal conviction may be refused employment in the Federal Security Service, customs and judicial authorities and other related areas.

The employer does not have the right to require a certificate if employment for a position does not require the above conditions. But he may ask to provide this information when considering a candidate for a financially responsible position.

However, if you are an employer yourself, then the law does not prohibit you from requesting such a certificate from a candidate for a position.

For your own peace of mind, it is advisable not to neglect this opportunity .

Criminal case while working

An employee may be subject to criminal prosecution by working in a position that is incompatible with a criminal record and prosecution under the Criminal Code of the Russian Federation.

Upon receipt of information from law enforcement agencies that an employee will be subject to criminal prosecution, the employer is obliged to suspend the employee for the entire period of the criminal proceedings until it is terminated or until the court verdict comes into force. During the period of suspension from work (preclusion from work), the employee’s salary is not accrued (Article 76 of the Labor Code of the Russian Federation).

Removal from work is carried out by order of the head of the organization, drawn up in any form. The order should indicate the basis for removal from work, for example, the name and details of the document received from law enforcement agencies.

The order must also contain the period of suspension (for the period of criminal proceedings until its termination or until the court verdict comes into force).

To avoid labor disputes, the employee must be familiarized with such an order against signature. If, at the end of the criminal prosecution, the employee is convicted, then on the day the verdict enters into legal force, the employment contract is terminated. The grounds for termination should be specified in clause 4, part 1, art. 83 of the Labor Code of the Russian Federation - due to circumstances beyond the control of the parties due to the sentencing of an employee to punishment that precludes the continuation of previous work.

Comments: 14

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Author of the article Irina Rusanova

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1. Natalia
   10/31/2021 at 00:02 Hello! I can’t apply for a criminal record certificate through government services; at the step to submit an application, they write an error (try again)
   Reply ↓ Anna Popovich
   10/31/2021 at 23:02

   Dear Natalya, please contact the portal support service. You will find the corresponding icon at the bottom of the main page of the site.

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