The doctrine of modern Russian criminal law stipulates that with the cancellation or removal of a criminal record, all legal consequences associated with it are canceled. In fact, after the cancellation or removal of a criminal record, a person is considered not convicted.
It is necessary
The Criminal Code of Russia and the consultation of a lawyer
The Criminal Code of the Russian Federation provides for two independent options for getting rid of all the negative consequences associated with a criminal record: repayment and withdrawal. In order to make it easier to understand whether the conviction has been canceled, it is necessary to determine to which category of crimes the committed act belongs. To do this, you need to look in the Criminal Code of the Russian Federation for the maximum sanction in the form of imprisonment provided for its commission. If for committing a crime, imprisonment is not provided or the maximum punishment does not exceed two years in prison, then this is a crime of minor gravity. If the upper limit is up to five years, then this is a crime of average gravity. If the sanction of punishment is up to ten years of imprisonment, then this crime is grave, and if the maximum limit is over ten years of imprisonment, then this crime is classified as especially grave.
For different types of punishments and the terms of their execution, the terms of repayment of convictions are also different. So, a person is considered to be not convicted after the expiration of the probationary period if he was sentenced to a suspended sentence. If a person is sentenced to a punishment not related to imprisonment, then the conviction is canceled one year after it has been served or executed. If a person was sentenced to real imprisonment for committing crimes of small and medium gravity, then the conviction will be considered canceled after three years after serving the sentence, if for grave - then after six years, and for the commission of especially grave crimes, the conviction will be considered extinguished upon after eight years.
For persons who have committed crimes in a minor age, the repayment periods for convictions are shorter. If minor and moderate crimes were committed as a minor, for which the person was sentenced to real imprisonment, then the conviction will be canceled after one year after serving the sentence. For grave and especially grave crimes committed by minors, for which they were sentenced to real imprisonment, the term for the cancellation of the conviction is three years. After the expiry of the above terms, the criminal record is canceled automatically and a decision on its repayment is not required.
If the expiration date of the conviction has not yet arrived, then a judicial procedure for its early withdrawal is possible. This possibility is provided for persons sentenced to suspended sentences and who have served more than half of the probationary period. For the early removal of such a criminal record, the criminal executive inspectorate must apply to the court with a petition for its early removal. At the same time, in the court session, you will have to prove your correction and convince the court that there is no need to further serve the probationary period.
If the conviction was not conditional, then the convicted person, after serving or executing the sentence, has the right, independently or through his representative, to apply to the court with a petition for the removal of such a conviction. At the hearing, it will be necessary to prove that after serving the sentence, the behavior was impeccable and the main goal of the punishment - the correction of the convicted person - was achieved.
When considering a petition for the removal of a criminal record, the decisive role is often played by the materials that testify to the positive characteristics of the convicted person.In the presence of health problems, certificates from doctors can also help to resolve the issue of clearing a criminal record. Only a professional lawyer who can legally competently support a petition to remove a criminal record in court can provide a full consultation in each specific case.
If, during the period of an outstanding conviction, crimes or administrative offenses were committed, this may negatively affect the judicial decision on its removal.