Criminal record Redemption and expungement of criminal record
CRIMINAL RECORD is a special legal status of a person, created by the implementation of criminal responsibility. It arises in connection with the decision and from the day of entry into legal force of the guilty verdict of the court for the crime committed by the person. A criminal record entails certain legal consequences that go beyond punishment, which are unfavorable for the convicted person.
Persons are recognized as having no criminal record in the case of a conviction by a court sentence without a sentence or with exemption from punishment, who have served a sentence for a crime that has been decriminalized, who have been rehabilitated.
The common law consequences of a criminal record include various restrictions imposed by law on individuals who have an outstanding or unexpunged criminal record. These restrictions may concern the rights and freedoms of the convicted person, as well as affect the possibility of holding certain positions. For example, a criminal record can be an obstacle to being elected to the Verkhovna Rada of Ukraine, holding the positions of judge, prosecutor, lawyer, member of the Supreme Council of Justice, and others.
Part 2 of Article 63 of the Constitution of Ukraine stipulates that "a convicted person enjoys all the rights of a person and a citizen, with the exception of restrictions defined by law and established by a court verdict." Thus, a criminal record can affect the legal status of a person depending on the will of the legislator in the field of any field of law.
REDEMPTION OF CONVICTIONS
Expungement of a criminal record is its automatic termination if the person who has it complies with the conditions prescribed by law. Let's take a closer look at this:
TERMS OF REPAYMENT OF CONVICTIONS
Those who do not have a criminal record are recognized as:
1.Persons who have been released from serving a sentence under probation, if during the probationary period they have not violated the law and the decision on their release has not been canceled for other reasons provided by law.
2. Women who were released from serving a sentence, if during the probationary period they did not commit any criminal offense and after the end of this period, a decision was not made to send them to serve the sentence established by a court decision.
3. Persons convicted of a criminal misdemeanor after serving their sentence.
4. Persons who have served punishments in the form of service restrictions for servicemen or detention in the disciplinary battalion of servicemen or have been released early from these punishments, as well as servicemen who have served a sentence in guard duty instead of arrest.
5. Persons convicted of a crime to the main penalty of a fine in the amount of no more than three thousand non-taxable minimum incomes of citizens, deprivation of the right to hold certain positions or engage in certain activities, community service, correctional work, probation supervision or arrest, if they are within a year from the day of serving the sentence (main and additional) will not commit a new criminal offense.
6. Persons sentenced for committing a crime to restriction of freedom, if they do not commit a new criminal offense within two years from the date of serving the sentence.
7. Persons sentenced to imprisonment or the main punishment in the form of a fine for a minor crime, if they do not commit a new crime within three years from the date of serving the sentence.
8.Persons sentenced to imprisonment or the main punishment in the form of a fine for a serious crime, if they do not commit a new crime within six years from the date of serving the sentence.
9. Persons sentenced to imprisonment or the main punishment in the form of a fine for a particularly serious crime, if they do not commit a new crime within three eight years from the date of serving the sentence.
10. Persons sentenced to a sentence not related to deprivation of liberty, after serving the sentence.
THE PROCEDURE FOR REDEEMING THE CRIMINAL CRIMINAL:
Automatic cancellation of a criminal record occurs without a special appeal to the court or other authorities. After the probationary period, which is established for a specific type of punishment, the criminal record is considered extinguished.
Probation is the period during which a person must comply with the law in order to clear a criminal record. The duration of the probationary period depends on the type of punishment and the article of the Criminal Code under which the person was convicted.
If a person commits a new crime during the probationary period, the criminal record is not erased and the term is extended.
Expungement of a criminal record by rehabilitation. A person can apply to the court for rehabilitation if he believes that he was wrongfully convicted. Rehabilitation will be grounds for expungement of the criminal record.
CALCULATION OF REPAYMENT TERMS
The calculation of the terms of repayment of a criminal record is determined by Article 90 of the Criminal Code of Ukraine. According to this article, the terms of repayment of a criminal record are determined from the date of serving the main and additional punishment.
The time during which the sentence was not carried out is taken into account, if this does not violate the term of repayment of the criminal record.If the sentence was not executed, the criminal record is extinguished after the expiration of the statute of limitations for the execution of the sentence.
If a person is released early from serving a sentence, the term of repayment of the criminal record is calculated from the day of his early release.
If the unserved part of the punishment is replaced by a less severe one, the term of repayment of the criminal record is determined from the day the less severe punishment ends.
If a person who has already served a sentence commits a new criminal offense before the expiration of the term of repayment of the conviction, the term of repayment is interrupted and calculated again. In such cases, the repayment terms are calculated separately for each criminal offense after serving the sentence for the last offense.
ELIMINATION OF CONVICTIONS
Expungement of a criminal record is a legal procedure in which a person's criminal record or his criminal record is removed or canceled from official databases, including from the criminal record register before the expiration of the criminal record.
PROCEDURE FOR ELIMINATION OF CONVICTIONS
1. Appeal to the court: A person who wishes to expunge a criminal record must apply to the court that issued the sentence with an appropriate reasoned petition.
Along with the petition, the person must provide evidence of his correction. This evidence includes exemplary behavior and a conscientious work attitude. For example, it can be information confirming the absence of new offenses, absence of administrative sanctions, compensation for damage caused, absence of wanted persons, as well as positive characteristics from local communities and places of work, etc.
2. Consideration of the case: The court considers the petition and examines the circumstances of the case. If there is no contradiction with other laws, the court can make a decision to remove the criminal record.
3. Removal of criminal record: If the court makes a positive decision, the criminal record is removed from the official registers. A person can receive a relevant document that confirms this.
Early expungement of criminal records of persons who have committed intentional serious or particularly serious crimes, as well as offenses related to corruption, is not permitted by law.
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