Removal of a criminal record is an important judicial procedure, after the positive resolution of which, any citizen is considered not convicted. It is after the removal of the conviction, before the expiration of its early cancellation, that all legal consequences associated with the conviction are canceled.
Instructions
Step 1
From the date of the conviction, any person is convicted until the expiration of the period of serving or execution of the sentence and the expiry of the conviction. The presence of a criminal record entails serious legal consequences that may affect the imposition of punishment in the case of a repeated crime or serve as an obstacle to employment. The expiration date of a criminal record may be different and depends on both the severity of the crime committed and the punishment imposed for its commission.
Step 2
However, before the expiration of the automatic expiration date of the criminal record, it may be canceled. A petition for the removal of a criminal record, depending on the jurisdiction of a criminal case, is considered by a magistrate or a court at the place of residence of the convicted person.
Step 3
The court session on such a petition is held with the obligatory participation of the person who made it. The prosecutor may also participate in the hearing. A convicted person who has filed a petition for the removal of a criminal record shall be obligatorily notified of the time and place of the court session.
Step 4
Since the main subject of judicial review is impeccable behavior after serving a sentence, this process requires special, careful preparation. To do this, it is necessary to collect characteristics from the place of work and from neighbors at the place of residence. It will not be superfluous to visit the district commissioner, whose positive characteristics will contribute to the favorable resolution of the application.
Step 5
According to the current legislation, in case of refusal to remove a criminal record, it will be possible to apply to the court again with such a petition only a year later, after the relevant court decision has been made.
