Criminal record: redemption and removal of criminal records. Redemption and Withdrawal of Criminal Records: Difference

The commission of an act prohibited by the Criminal Code entails certain legal consequences. One of them is a previous conviction.

Definition

Criminal record - a special position of a personregarding the legal field sentenced for the commission of a crime to a certain type of punishment and the term of its serving. And this is due to the onset of certain legal consequences.

First of all, criminal circumstances include such circumstances:

1. The presence of previous convictions. This fact aggravates the situation.

2. The presence of repeated convictions in the person. This contributes to the recognition of his recidivist.

3. The presence of another conviction in the person who served the sentence in the correctional colony. Provided that this is important for deciding on the type of institution.

4. There are situations when a conviction is a circumstance for the correlation of a crime with an article of the Criminal Code. Also, its availability may become the basis for refusal to apply for a job.

If the person who committed the crime subsequentlyhas been corrected, it is considered unfair and inexpedient to maintain a previous conviction. Repayment and removal of a criminal record takes place in accordance with the procedure established by law and in the presence of certain criteria.

Signs of a criminal record

Criminal record as a legal fact has derivatives and essential criteria, inextricably linked. Significant signs include:

1. The existence of the crime itself.

2. The guilty verdict.

3. Appointment of punishment established by law.

Derived features consist of such criteria:

1. The category and nature of the crime.

2. Type of punishment and the term of its execution.

3. Use of separate criminal legal measures of influence.

4. Actual serving of punishment or execution of a certain type of restraint.

5. Number of convictions.

Options for Termination of Criminal Records

Person, conviction in relation towhich entered into force, is considered to be tried. The law establishes options when it is possible to early annul the previous conviction. Redemption and removal of a criminal record are two only ways to stop it.

Withdrawal of this type of punishment entails histermination before the expiration of the statutory period for its repayment. All this is done on the basis of a relevant court decision. At the same time, the law does not set a minimum or maximum period, after the expiration of which a criminal record can be dropped early. Repayment and removal of a criminal record always occurs after the completion of the sentence established by a court verdict in places of deprivation of liberty. Or it is provided for after the termination of the conditional punishment.

The repayment of a criminal record does not require a court decision. This happens automatically after the end of the period specified by law. The time limit is set by considering the categories of unlawful acts.

There are situations in which redemption orthe removal of a criminal record entail consequences that are determined by the legal field. For example, a person who was involved in this type of punishment does not have the right to work in the police.

Repayment of convictions

An obligatory condition for the repayment of a criminal recordis the end of the period of serving the sentence, regardless of what crime was committed. If the main and additional punishment was appointed, then the beginning of repayment begins after the end of the period of additional restraint.

The beginning of the repayment of a criminal record takes place from the momentthe end of the served sentence. This means - from the moment of release, even if there was an early repayment of a conviction or punishment was replaced by a softer measure of restraint.

The time during which the court verdict was not enforced not because of evasion from serving the sentence to the convict is included on the maturity date of the conviction.

If the sentence was not carried out for some reason, then after the expiration of the statute of limitations, the convicted person is considered to be illegitimate.

Difference between repayment and removal of conviction

In the legislation there are significantdifferences in the procedure governing the repayment and removal of criminal records. The difference between these concepts is available. It consists in the fact that the punishment is removed by applying to the court with a petition. On him, this body makes a positive verdict. The second option is based on a document stating that a decision was made regarding the person on amnesty or pardon. Repayment occurs immediately after the end of the statutory period, depending on the degree of the act for which a conviction was made. Repayment and removal of a criminal record are not possible while serving a sentence.

Is it possible to remove the previous conviction?

Early repayment of criminal record is appointedconvicted before the end of the sentence serving time for impeccable behavior. What is it expressed in? Perfect behavior is the absence of penalties, criminal offenses or administrative offenses. To remove a conviction, it is necessary to draw up a petition. He is sent to court. This body reviews it and passes a relevant resolution.

On a positive court decision can affectmarriage, the presence of a child, the establishment of a permanent job, participation in charitable organizations, etc. Simply put, take into account everything that can positively affect the characteristics. Any person who has served a sentence has the right to be asked ahead of time for the removal of a criminal record, regardless of the degree of the crime.

Withdrawal of an earlier conviction is not the duty of the court. Therefore, the person who served the sentence and his defender must prove his right to such privilege.

Withdrawal of previous convictions terminates the legal consequences that have arisen from the moment of determining the measure of restraint (with the exception of cases provided for by law).

What should I do if the court refuses? Repeated application of the convict has the right to file not earlier than one year after the decision.

Features of the repayment of convictions in minors

Repayment of convictions of minors (in contrastfrom adults) is different in terms of time. That is, the period is shortened, compared to the stipulated period for an adult citizen. For acts of small and medium severity, the repayment period is one year. For particularly serious crimes - three years.

Juvenile convicts who are punished for crimes of medium or small severity in the form of compulsory measures of an educational nature are considered to be undocumented.

If a milder punishment is established thandeprivation of liberty or conditional term, the conviction in these situations is repaid at the end of the probationary period or after one year (after serving the sentence).

Early repayment of criminal recordA minor is possible not only at the request of the convicted person. This can be done at the request of his parents, guardianship authorities and guardians, as well as his legal representatives.

Conditional sentence: redemption

Repayment of conditional conviction can occurautomatically or ahead of schedule. If the convict has proved by his conduct that he has corrected, reimbursed the damage caused by the crime, the court can satisfy the petition. It is sent by the controlling body, which monitors the behavior of a person. A decision can be made to cancel the suspended conviction and to remove it from the convicted person. In this case, the repayment of conditional conviction occurs after the expiration of 1/2 of the test period. Previously, there is no point in applying.

Terms of withdrawal and repayment of a criminal record

The repayment period depends on the category of crimes:

1. After the end of the eight-year period from the moment of serving the sentence - for crimes of special gravity.

2. Repayment of conviction for grave crimes occurs after the end of six years.

3. Acts of medium and small severity presuppose the expiration of a three-year period from the end of the serving of the sentence.

4. For milder forms of punishment, the cancellation period begins one year later.

5. Conditionally convicted persons are released from a criminal record after a probationary period.

The conviction is lifted ahead of schedule only at the request of the convicted person. The day of the court decision is the moment of its early repayment.

Reasons for failure

The court, in considering the case of early removal of punishment, has the right not to satisfy the request of the convicted person and to decide on the refusal. The reasons may include the following criteria:

1. Violation of the rules and rules of conduct established by law in places of deprivation of liberty.

2. Relapse of crime.

3. Lack of evidence to correct the convict.

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