ST 95 of the Criminal Code of the Russian Federation.
For persons who committed crimes before reaching the age of eighteen years, the terms for expunging a criminal record, provided for in part three of Article 86 of this Code, are reduced and are accordingly equal to:
a) six months after serving or executing a sentence less severe than imprisonment;
b) one year after serving imprisonment for a crime of minor or medium gravity;
c) three years after serving imprisonment for a serious or especially serious crime.
Second commentary to Art. 95 of the Criminal Code of the Russian Federation
1. The terms for expunging criminal records of minors are differentiated depending on the type of punishment and category of crime: 6 months after serving or executing a sentence less severe than imprisonment; one year - after serving imprisonment for a crime of minor or medium gravity; three years - after serving imprisonment for a serious or especially serious crime.
2. The procedure for expunging a criminal record when a minor is released from serving a sentence, as well as the procedure for early expungement of a criminal record, are determined by Article 86 of the Criminal Code.
Differences between expunging a criminal record and expunging a criminal record
Due to the similarity of concepts, the question often arises: “What is the difference between expunging and expunging a criminal record?”
The answer can be found in the criminal code.
A criminal record arises after a judge has rendered a guilty verdict and imposed a penalty.
In Part 1 of Art. 86 explains that a convicted citizen is recognized as having a criminal record from the moment the sentence comes into legal force, and remains so until the criminal record is expunged or removed.
Expungement of a criminal record means the automatic completion of the period of its implementation after the expiration of a certain period , which is prescribed by law. The court does not make special decisions on this issue.
Therefore, early expungement of a criminal record is impossible . It is repaid only after the completion of the probationary period or upon the expiration of the term established by law after serving the sentence. Also, early expungement of a criminal record is possible due to an act of amnesty (Article 84 of the Criminal Code of the Russian Federation) or pardon (Article 85 of the Criminal Code of the Russian Federation).
When a criminal record is cleared, it is annulled by issuing a special court decision. According to Part 5 of Art. 86 of the Criminal Code of the Russian Federation, it is permissible to expunge a criminal record. This serves as a measure of criminal law incentives for a citizen for good behavior.
If, after serving his sentence, and once released, a person behaves ideally, then his criminal record can be expunged before the expiration of the period after which it can be expunged.
The minimum period after serving a sentence, after which a criminal record can be expunged, is not specified in the law. However, it must be sufficient for the citizen to be able to prove that he has reformed.
Expungement of a criminal record is carried out automatically within the time established by law after the person has served his sentence . This period is influenced by both the type of punishment and the type of illegal act.
The minimum period for expiration of a suspended conviction is the expiration of the probationary period. For persons who have committed particularly serious crimes, it is set at a maximum of 10 years.
If a citizen behaves approximately after serving his sentence, the court will remove his criminal record by making a decision in a special manner.
Video: Criminal Code of the Russian Federation, Article 86, Criminal record
Third commentary to Article 95 of the Criminal Code of the Russian Federation
1. The terms for expunging a criminal record for persons who committed a crime under the age of eighteen are reduced in the Criminal Code, taking into account the principle of the humane attitude of the state and society towards minors. Nevertheless, in this case, too, the principle of differentiation of responsibility is observed depending on the severity of the criminal act committed: a minimum term (six months) after serving or executing a sentence more lenient than imprisonment; one year after serving imprisonment to expunge a conviction for a crime of minor or moderate gravity; extended term (three years after serving imprisonment) for a serious or especially serious crime.
2. If a convicted minor, in accordance with the procedure established by law, was early released from punishment or the unserved part of it was replaced by a more lenient type of punishment, then the period for expunging the criminal record is calculated from the actually served term of punishment from the moment of release from the main and additional types of punishment.
If, after serving his sentence, he behaved impeccably, then, at his request, the court may remove his criminal record before the expiration date. ‹ Article 94. Limitation periodsUp Article 96. Application of the provisions of this chapter to persons aged eighteen to twenty years ›
When is a criminal record expunged?
A criminal record is expunged in two cases.
The first is the expiration of the term of serving the sentences established by the sentence. The second is the end of the probationary period.
For some categories of crimes, it is enough to pay a fine .
Deadlines for expunging a criminal record depending on the type of punishment
In Part 3 of Art. 86 of the Criminal Code of the Russian Federation establishes the terms for expunging a criminal record, taking into account the types of punishments and crimes:
- for suspended sentenced persons - the end of the probationary period:
- for persons who received more lenient punishments than imprisonment - the expiration of 1 year from the moment the punishment was served or executed;
- for those convicted of offenses of moderate or minor gravity - the expiration of 3 years after serving the sentence;
- for those convicted of serious crimes - 8 years after serving the sentence;
- for those convicted of especially serious offenses - 10 years after serving the sentence.
Calculation of the period for expiration of a criminal record
According to the law, the calculation of the expiration period for a criminal record starts from the moment the citizen is released from serving his sentence .
In Part 4 of Art. 47 of the Criminal Code of the Russian Federation there is a special instruction on this issue.
If deprivation of the right to hold certain positions or engage in any activity is an additional punishment to restriction or deprivation of liberty, arrest, or detention in a disciplinary military unit, it applies to the entire period of serving the main penalty.
However, its term is calculated from the moment the main type of punishment ends.
The legislation in force for 2021, unlike the Criminal Code of 1960, does not provide for the possibility of interrupting the period for expunging a criminal record. This rule applies even if a relapse occurs before its end . In this case, the terms for expunging a criminal record are calculated for each crime separately.
Situations arise when a conviction for a first offense is expunged while serving a sentence for a subsequent crime. Another option is also possible. It is possible that for a newly committed crime, the expiration date for a criminal record will expire earlier than for the first one.
In Part 2 of Art. 86 of the Criminal Code of the Russian Federation there are instructions regarding punishments without imprisonment. In such cases, a criminal record is considered expunged one year after serving the sentence or after its execution. So, if there is a fine, it is enough to pay it in full.
The expiration period for a criminal record on parole is calculated taking into account the actual sentence served from the moment the citizen is released early .
in the event of a commutation of punishment is regulated differently if the perpetrator actually served two types of sentences. The initial one is considered to be the one listed in the verdict.
Let's say, according to Part 3 of Art. 50 of the Criminal Code of the Russian Federation, correctional labor was replaced with imprisonment because it was ignored. In such a case, the period for expunging a criminal record will be calculated taking into account the punishment in the form of imprisonment.
If the criminality and punishability of the act are eliminated, the person who was convicted of committing it is recognized as having no criminal record . This happens immediately after the new law comes into force.
Features of expunging criminal records for minors
Separately, the law regulates the terms for expunging criminal records for minors.
They are shortened for this category of citizens.
For adults, the expungement period for convictions for crimes of minor and moderate gravity is 3 years, for serious acts - 8 years. However, for children and adolescents, the corresponding periods are 1 year and 3 years.
Convicts under 18 years of age, sentenced to compulsory educational measures for crimes of minor and medium gravity, do not have a criminal record at all on paper.
Expungement of convictions for serious crimes
In 2013, the expiration period for a conviction for a serious crime was increased by 2 years - from 6 to 8 years . The law that made adjustments to Part 3 of Art. 86 of the Criminal Code of the Russian Federation, signed by Russian President Vladimir Putin. The document also increased the expiration period for convictions for especially serious crimes from 8 to 10 years.
The authors of the law explained that too often people previously convicted of serious crimes commit a recidivism after expunging their criminal records. At the same time, according to Part 6 of Art. 86 of the Criminal Code of the Russian Federation, when a criminal record is expunged, all legal consequences caused by it are annulled.
Conditions for expunging a criminal record
As a rule, people released from prison on parole can take advantage of this privilege. The conditions for early expungement of a criminal record are approximately the same as in the case of parole.
If a citizen’s request for parole is granted, then the expiration date of the criminal record begins to count from the day on which the person was released. Accordingly, it does not matter whether the perpetrator served 5 years for a crime of moderate gravity or was released on parole after 4 years. He will have to wait 3 years for automatic repayment.
Note!
In order to expunge a criminal record early, you need to become an exemplary citizen.
So, if you want to get rid of an unpleasant “label” ahead of schedule, you need to show that you are taking the path of correction. You should not be observed for any offenses, including administrative ones. Accordingly, if you speed in a car and receive a fine from the traffic police, this will seriously complicate your prospects.
The court may take the side of the applicant if he is married and has minor children. The judge is also obliged to take into account the presence of relatives who are dependent on the plaintiff.
Note!
The court is obliged to take into account the factors of having a family, incapacitated relatives and dependents due to the restrictions that a criminal record imposes on a citizen.
Socially beneficial activities can be an additional advantage. For example, if someone who wants to expunge a criminal record is a donor and regularly donates blood, takes part in landscaping activities, etc. For example, if they are going to build a playground in your house and you provide all possible assistance, the court will definitely take this into account. People who, after being released from prison, begin to engage in charity work are also encouraged.
Certificate of expungement of criminal record
A document confirming the absence of a criminal record is a certificate issued by law enforcement agencies. You can get it directly from the territorial department of the Ministry of Internal Affairs at your place of residence. To do this, you need to come to the department and write a statement.
Note!
In 2021, not only the Ministry of Internal Affairs is authorized to issue such documents. You can also request a document through the State Services portal, a multifunctional center or special services involved in the preparation of documents.
The application form is approved by law, and the Ministry of Internal Affairs is required to give you a sample. All fields must be filled in. The applicant's passport and birth certificate are also attached to the document. After submitting the package, your request will be processed and they will tell you how long it will take to come back to get the certificate. Unfortunately, it is impossible to say for sure how long this will take. On average, you have to wait at least a month. If the Ministry of Internal Affairs has a heavy workload, the wait can last up to two months, and in rare cases, longer.
Expungement of juvenile criminal records
Unlike expungement of criminal records for adults, minors have more lenient terms. In particular, children who have committed a crime of moderate gravity will be able to receive a certificate within a year after the end of the sentence. If a minor has committed a serious crime, he will have to wait 3 years for his criminal record to be expunged.
Otherwise, there are no differences between obtaining a certificate of no criminal record for children and adults. You can also achieve withdrawal. To do this, you also need to apply to the court with a corresponding application. The only difference is that the document based on the sample will be drawn up by parents or other persons responsible for the child.
Procedure for expunging a criminal record
In order to achieve expungement of a criminal record and obtain the appropriate certificate about this, it is necessary to prepare a petition to the court. It is drawn up in the prescribed form, so it is better to contact a qualified lawyer. He will provide a sample application and tell you in more detail what is needed to successfully complete the case.
Note!
You can go to court to have your criminal record expunged no earlier than after half of its validity period has expired. For example, if the validity period is 3 years, you can apply no earlier than after 1.5 years.
The application must be accompanied by evidence that you have truly taken the path of correction. In particular, it is worth contacting the territorial department of the Ministry of Internal Affairs and asking for a document confirming that since your release you have not committed a single violation of the law. If administrative cases have been opened against you, it will be extremely difficult to get a positive response from the court.
Note!
If the court refuses to satisfy your demands, you can reapply only after a year.
You also need to confirm the reasons why you require a certificate of no criminal record. For example, if you have children, provide a certificate of family composition. If you have a dependent relative who is unable to work, you must provide appropriate confirmation from medical institutions. If you are engaged in public activities, also attach documents that can confirm this. If you do not have the relevant papers, you can invite witnesses.
