When a person has been convicted of a crime he has committed, they say that he has a criminal record. Its presence negatively affects daily life. Over time, the conviction can be canceled or canceled. After that, the person is fully restored to his rights.
What is a criminal record
A criminal record should be understood as a certain status of a person who committed a crime and was punished for it. The presence of a criminal record in many ways limits his rights and opportunities. With a criminal record, a person cannot hold certain positions or carry out certain types of activities. In addition, if a person has a criminal record, he may be denied entry to a particular country. Also, a criminal record can act as an aggravating circumstance when a person commits a second crime.
Persons who have a conviction for committing grave and especially grave crimes, intentional crimes against minors, as well as crimes by way of recidivism, may be subject to administrative supervision. It consists in a number of restrictions concerning the places of stay of a person, his departure to another territory, etc. In addition, within the framework of administrative supervision, a person must periodically visit the police at his place of residence.
In case of cancellation or removal of a criminal record, a person begins to be considered not prosecuted.
When a criminal record is canceled
A conviction is canceled after a certain period of time has elapsed since the person has served one or another punishment. The type of punishment, as well as the severity of the crime committed, affect the repayment period of the conviction. If a person has been sentenced to conditional imprisonment, the conviction is canceled after the end of the probationary period established for him. When imposing a punishment that does not provide for imprisonment, the cancellation of the conviction occurs in 1 year from the date of serving or the execution of the sentence. If a person has committed a minor or moderate crime, the conviction is canceled after 3 years. In the case of grave and especially grave crimes, the conviction is canceled after 8 and 10 years, respectively.
In the case when a person was released early from serving the sentence or his punishment was replaced with a milder one, the period of expiration of the conviction begins to run from the moment of release from punishment.
The cancellation of a criminal record occurs automatically and does not need to be issued by a court or other competent authority of any official document.
What is the difference between redemption and removal of a criminal record
It often happens that a person is released from a criminal record ahead of schedule. This can happen due to his exemplary behavior and compensation for the harm caused, amnesty or pardon. In this case, we are talking about the removal of a criminal record. A conviction can be removed by a court, or by a document on the basis of which a person was pardoned or amnestied. However, an amnesty or pardon does not always mean an automatic removal of a criminal record for a person.
