Last updated March 2021
For various reasons, many people are interested in whether they are taken into the army with a criminal record or with a suspended sentence. To find out the answer, you need to understand many legal nuances. Right away, in order to warn young men against the idea of getting a suspended sentence in order not to undergo military service, we will give a number of reasons why this should not be done:
- Criminal records are entered into government databases from which nothing can be removed.
- Lack of opportunity to build a career in government agencies and many other institutions.
People with previous convictions sometimes want to enlist in the army under a contract. We will also look at whether this is possible.
Is it possible to serve in the army with a suspended sentence?
First, let's define the terminology. A suspended sentence is a punishment for a person who has committed an offense without actually serving time. During this period, the convicted person must show correction. At the same time, throughout the entire period his behavior is monitored by special services.
If a person evades mandatory state control and fulfillment of duties established by the court, violates the law, the decision on conditional imprisonment will be canceled by the court, after which the real punishment will be imposed.
After the end of the term or before its end, subject to exemplary behavior, the convicted person may be released from punishment, and the criminal record will be expunged.
Persons with a suspended criminal record have certain obligations to government agencies, the fulfillment of which is incompatible with military service, these may be:
- public Works;
- compulsory education;
- ban on movement within the country, region, city;
- undergoing mandatory treatment for drug or alcohol addiction.
Therefore, you cannot serve in the army with a suspended sentence. Completion of service is possible only after its completion.
What is meant by “criminal record”
If there are charges due to an offense and the evidence available for this, the person ends up in court, where he can use the services of a lawyer and defend his interests. The judge listens to the testimony of both sides, pronouncing a verdict on these grounds. A criminal record indicates that the defendant was found guilty and received a suspended or prison sentence.
A record of criminal record is entered into the passport if the defendant incurs criminal punishment. At the same time, the data is entered into state databases, so it will not be possible to hide this page of the biography throughout your life.
Conscription is impossible if guys of military age are under investigation or their cases are being referred to court. People under arrest are not drafted into the army until a procedural decision is made against them.
Military service after serving a sentence
People whose criminal record has been expunged or expunged are entitled to this. The repayment time depends on the severity of the offense and the length of the sentence.
If a conscript wants to do military service in the army, but has not received a summons after expunging his criminal record, he must himself contact the military registration and enlistment office employees at his place of residence and register. He has every right to serve.
Military registration and enlistment officials may decide not to draft individuals who have committed too serious a crime for fear of undesirable consequences. If you look at it from the point of view of the law, then the actions of the military registration and enlistment office employees are incorrect.
As for elite units, it is practically impossible for a person with a criminal record to get into them. Sometimes young men with an ideal personal file are not accepted for such service, not to mention the presence of Fr. Contrary to popular belief, conscripts who have served their sentences can serve in most branches of the military, and not just in engineering and construction.
Possibility of contract service
While it is permissible to draft into the army citizens who have a criminal record in the past, contract soldiers are subject to increased requirements. The conditions for admission to this type of service are reflected in Article 34 of Federal Law No. 53 of March 28, 1998 (as amended on March 18, 2019). Clause 5, paragraph 4 of the above law determines that the execution of a contract is unacceptable with persons:
- against whom a guilty verdict has been confirmed;
- those who are under investigative process, inquiry, if the criminal case against them has been sent to court;
- those who were in prison;
- whose criminal record has not been expunged or expunged;
- those bearing administrative responsibility for the use of drugs and psychotropic drugs without medical prescription;
- who have lost the right to take up military positions for the period specified by the court before the end of this period.
The Ministry of Defense will not conclude a contract with citizens belonging to these categories, but it is possible to sign a contract with men with an expunged criminal record that does not imply a prison term. A completed suspended sentence also does not act as an obstacle to contract service.
A criminal record does not become a reason for refusing to attract a citizen of military age to military service if it has been expunged or withdrawn. However, when serious crimes are committed, the leadership of the military registration and enlistment office does not welcome the admission of such recruits into the armed forces of the Russian Federation. In addition, a criminal record is a reason for refusal to serve in elite troops or when accepting a person for government and other positions that require an unblemished citizen’s biography.
In what cases is a criminal record expunged?
The main condition for repayment of the penalty is the completion of a certain period. It is set differently depending on the severity of the crime. According to Article 86 of the Criminal Code of the Russian Federation, a criminal record is expunged:
- After probation.
- If the sentence did not imply imprisonment, then 1 year after its completion.
- For crimes of minor or moderate gravity, repayment will take place 3 years after completion of the term.
- If a citizen was serving a sentence for a serious crime, then repayment will take place only after 8 years.
- For persons who have committed a serious crime - after 10 years.
When a citizen is released early, the period for expungement of the criminal record is counted from the moment of his release.
Repayment for convicted minors is determined by Article 95 of the Criminal Code of the Russian Federation:
- After a sentence that does not imply imprisonment, it is extinguished after 6 months.
- In the case of crimes of minor and medium severity, 1 year after the end of the punishment.
- For serious and especially serious crimes - after 3 years.
After the end of these terms, a previously convicted citizen acquires the status of a person with an expunged criminal record, and therefore he is deprived of a number of restrictions previously assigned by the court.
Deciphering the concept of criminal record
The concept is defined by the Criminal Code of the Russian Federation as “the legal status of a citizen who has committed a crime and is or has already been punished for it.”
The type of punishment depends on the type and degree of the crime committed:
- penalties;
- compulsory, forced or correctional labor;
- arrest;
- ban on working in specific positions;
- deprivation of military ranks and awards;
- prohibition to conduct certain activities;
- imprisonment, etc.
In general, for committing a crime, a criminal can be given both a real punishment (from those listed above) and a suspended sentence.
A suspended sentence is a period of time during which a criminal can live his usual life, but with a number of restrictions. During this period, his behavior is especially carefully monitored, and if he commits new crimes or violates the requirements of the condition, his sanction may be changed to an actual prison term.
A criminal record occurs after the offender has been punished. That is, if the court ordered him to serve a prison sentence, then after prison he will have a criminal record for a certain time.
At the end of the period of criminal record, the young man will again become “clean” for the security services, that is, there will be no information anywhere that he was in prison. In the case of a condition, the criminal record ends simultaneously with the condition itself.
When called
For example, some specifics about when exactly a citizen can be a conscript. Firstly, his age should not exceed established standards. Namely, 27 years old. If we are talking about a citizen whose criminal record is cleared at a later age, there can be no talk of any army.
What else is worth paying attention to? The fact that military service can be assigned by the district military registration and enlistment office after release from prison. As a rule, citizens are not sent directly from prison to serve.
Summoning is possible when the inquiry or investigation into the case is terminated. And it doesn’t matter for what reasons. If a person is suspected of committing a particular offense, he cannot be drafted. But when the charges are dropped or found to be unfounded, military obligations return to the “defendant.”
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.
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.
This is important to know: Are they recruited into the army after a suspended sentence or with a suspended sentence?
Early expungement of a criminal record
Situations when a convicted person’s criminal record is removed early are extremely rare, but they do occur. This is possible if a citizen serving a sentence in a penal colony behaves well and does not have any complaints from the colony administration. Consequently, he can apply to the court with a request for parole, and if it is granted, then the convict gets a chance for parole. In addition, they can be “released from prison” ahead of schedule in the event of an amnesty, or if the president of the country personally petitioned for the release of a particular citizen (which is something of a miracle). As soon as the criminal record is expunged, you can go repay your debt to your homeland.
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:
- those who have been deprived of their freedom do not have the right to take on a contract;
- This also applies to people who have been prohibited by the court from holding military positions;
- 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.
