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Criminal record – free answers from lawyers online
Concept of criminal record
From the very term “criminal record” it follows that a person who has been convicted is considered to be convicted. But not everyone who stands before the court is considered convicted. Only in those cases when a person found guilty of committing a criminal offense is given a punishment in accordance with the law by a court verdict, can we say that he has been convicted.
If, during the trial, a person was released from punishment for any reason: either due to an amnesty or due to the expiration of the statute of limitations, although he was actually guilty of the criminal act committed, he is not considered to have been convicted, since the punishment for the crime committed did not occur. .
Thus, a criminal record is characterized, first of all, by the imposition of punishment for a criminal wrongful act by a court verdict.
A person who has been convicted by a court and sentenced to certain executive measures will be considered a convicted person until the conviction is expunged or removed by the court.
The time frame for expunging a criminal record depends on:
- on the type of criminal record - whether he was given a suspended sentence or received a real punishment;
- also from penalties. That is, whether they are related to the deprivation of liberty of the convicted person or not;
- from the category of criminal act itself, in cases where it is assigned, it is associated with deprivation of liberty.
Also, a convicted person can petition the court after he has served his sentence and believes that he has behaved in a sufficiently appropriate manner to have his criminal record expunged. The decision on the removal of a criminal record is within the competence of the criminal judge at the place of residence of the person applying to the court. If the court refuses to expunge the criminal record, a second petition can be filed after a year.
Restrictions
Of all the difficulties that arise for former convicts, two main types can be distinguished: legal restrictions and the human factor.
Legal
This type relates to certain areas of human rights, and their limitation is carried out by relevant sectoral federal laws. Restrictions apply to the following industries:
- selective;
- civil;
- administrative;
- constitutional;
- labor
And the restrictions themselves are as follows:
- Persons who have committed crimes of a terrorist nature, as well as serious and especially grave unlawful acts, do not have the right to be elected.
- Inability to study at some educational institutions.
- Strict limits on the possibility of storing and/or purchasing weapons.
- Complete or partial ban on traveling outside the Russian Federation.
- Prohibition or restriction on changing place of residence or unimpeded movement within the country.
- Regulated framework for possible employment in government agencies.
- Depending on the type of illegal act committed, lists of positions that will be closed to these persons have been determined.
Legal status of a convicted citizen
A criminal record as such represents certain legal relations that arise between the convicted person and the state. A suspended conviction also applies here.
A person who has committed a criminal offense, found guilty by a court verdict, is limited in his capabilities, but has a number of obligations that arise from the fact of his conviction, valid for the period established by criminal law.
Certain adverse legal consequences will result from a criminal record in cases of repeat offending and sentencing.
When committing a repeated crime, the presence of a criminal record is an aggravating circumstance for the imposition of punishment, as well as in the future for the possibility of early parole.
However, it should be taken into account that if a criminal record was removed by a court decision, or canceled after the expiration of the period established by law, the legal consequences that are directly related to the criminal record are canceled.
That is, an expunged conviction is not taken into account if a person who has served a sentence for a criminal offense is put on trial again.
When filling out various questionnaires, in the column “does he have a criminal record,” a person whose criminal record has been expunged or removed by the court can answer “no” with a clear conscience.
Negative consequences of a criminal record
The negative aspects of a criminal record include:
- it is taken into account in cases of repeated commission of a crime when assigning punishment and selected punishment measures;
- also the impossibility of parole, even with the most excellent behavior and conscientious attitude to work in places of serving a sentence.
In addition, it is difficult to call the unspoken attitude towards persons who have a criminal record in the outside world friendly. Although the law does not state anywhere that persons who have been convicted cannot hold certain positions, very often employers are interested in information about their criminal record.
And, although the presence of a criminal record will not be a direct refusal to hire, a person will find a lot of reasons why he cannot be hired.
Persons with a criminal record, as a matter of course, cannot work in law enforcement, investigative and judicial bodies. In addition, they are unlikely to be able to get a job related to child care institutions or banking organizations.
And in general, few people want to have an employee who was convicted under criminal articles of the law and served a sentence in places of imprisonment or restriction of freedom. Therefore, before you cross the line of the law voluntarily and consciously, it is worth thinking about all the ensuing consequences in the future, and the immediate consequences of a criminal record.
Expunged criminal record
A person who has even already served his sentence for a crime and has been released is considered to have a criminal record until the criminal record is legally expunged or canceled by the court at the request of the convicted person. Expungement of a criminal record, as we noted above, depends on the type of criminal record itself. In addition, the category of crime for which a person is convicted plays a significant role.
So, if a person was sentenced to a suspended sentence for a criminal act, during which he did not commit any illegal actions and was not actually deprived of his freedom. Also, in cases where, by a court verdict, a punishment is imposed taking into account mitigating circumstances and is not associated with imprisonment, after a year has passed after the appointed period, the criminal record is considered expunged.
In all cases where the offender served his sentence in correctional institutions, the terms of expungement of the criminal record depend on the crime he committed.
Thus, if the crime had minor or moderate consequences for the victims, the criminal record will be expunged three years after release from prison.
In cases where a person has committed a criminal offense that had grave or especially grave consequences for the victims and society as a whole, even after being released from prison, he will be considered a criminal for six and, accordingly, eight years. Until, according to the law, the criminal record is expunged, in the event that during this time he does not commit new crimes against the life and freedom of people, society, and the state.
In order to expunge a criminal record, you do not need to collect any documents or take certain actions.
A criminal record is automatically expunged upon expiration of the terms determined by law for each category of crime for which a person has served a sentence.
The main condition for expunging a criminal record is not breaking the law again.
It is possible to expunge a criminal record earlier than the established deadlines for expunging a criminal record only by a court decision.
The court, having considered the petition of a convicted person who has served his sentence and has proven himself to be the best in both behavior and work activity, who has also changed his life credo, regardless of the category of crime for which he was serving the sentence, can expunge the criminal record before its expiration date arrives. .
An early expungement of a criminal record is possible if the person who has broken the law has a suspended criminal record. For early removal of a criminal record in such cases, it is necessary to submit a proposal from the authorities monitoring the behavior of the conditionally convicted person about his correction and characteristics from the best side.
Presentation and varieties
Arrest of a Criminal Conviction refers to a specific outcome of criminal punishment.
Consequently, a measure of influence is applied to the violator on the basis of Art. 45 of the Criminal Code.
It leads to the arrest of a person or the restriction of his rights in the form of correctional procedures.
This is due to the fact that any criminal actions are considered criminal liability. Therefore, a person acquires some consequences after committing his actions.
According to the law, there are the following types of criminal records:
- The sentence was not put into effect. Its term begins with the entry into force of the judge’s decision. It ends at the end of the punishment.
- Conviction by urgent sentence. Here the criminal record is divided into two parts: during punishment and after serving the sentence.
- Criminal record, including primary and additional punishment. With her, her term ends at the end of the second part.
The offender is considered guilty, and accordingly convicted, after the judge pronounces a sentence and until the criminal record is expunged or expunged.
Calculation of terms for expunging a criminal record
A person who has committed a criminal offense and is serving a sentence in prison is considered to have a criminal record, both while he is in a correctional institution and when he is released within the period established by criminal law.
The calculation of the terms for expunging a criminal record depends on whether the person who served his sentence and was released again violated the law or not.
The terms for expunging a criminal record begin to be calculated from the moment the convicted person begins to serve his sentence.
It also takes into account the time when the sentence was not carried out for some reason, for example, situations where the statute of limitations had not passed. If a person is released on parole from serving a sentence for a crime due to an amnesty or exemplary behavior in places of execution, the expungement period for a criminal record begins to count from the moment he was released.
In cases where part of an unserved sentence is replaced with less severe forms, the calculation of the expungement of a criminal record begins from the moment the punishment is replaced.
For newly committed crimes, the period for expunging a criminal record is suspended and will be recalculated after a new court verdict.
Conditional conviction
Conditional sentencing is a measure of a criminal law nature, which consists in establishing for a convicted person, whose correction can be achieved without actually serving the sentence, a probationary period during which the convicted person must prove his correction. At the same time, his behavior will be monitored by a special government body, and he may be assigned additional responsibilities to facilitate his correction.
If during the probationary period the convicted person evades control and fulfillment of the duties assigned to him, commits offenses or crimes, the suspended sentence may be revoked, after which the assigned punishment will begin to be actually executed. At the end of the probationary period or if, before the expiration of the probationary period, the conditionally convicted person has proven his correction by his behavior, the restrictions on the convicted person are lifted, and the criminal record is expunged.
Author of the article
What is the penalty under Article 158 Part 2 if there is an outstanding criminal record?
After the end of the investigation, the preventive measure is usually not changed; the case is simply sent to court.
And the lawyer appointed by the police will probably persuade him to admit guilt. And it is not known what exactly he admits to. They can hang anything on it. And women are generally cruel.
Hello. My friends called me to a shoe store, one of them gave me her bag, and I put my bag in the storage room. We stole 2 pairs of shoes, which together cost a maximum of about 1,500 rubles. Show in full...If not, these confessions are not proof, you can refuse them. If everything goes in this direction, I dare to suggest that you did not choose a lawyer, you agreed with the one proposed by the police.
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