The doctrine of modern criminal law in Russia stipulates that with the cancellation or removal of a criminal record all legal consequences associated with it are canceled. In fact, after the repayment or removal of a criminal record, a person is considered not convicted.
You will need
Criminal Code of Russia and consultation of a lawyer.
Instruction manual
1
The Criminal Code of the Russian Federation provides two independent possibilities for getting rid of all the negative consequences associated with a criminal record: repayment and withdrawal. In order to make it easier to figure out whether the criminal record has been extinguished, 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 the maximum sanction in the form of imprisonment provided for its commission. If deprivation of liberty is not provided for committing a crime, or the maximum punishment does not exceed two years in prison, then this is a crime of little gravity. If the upper limit is up to five years, then this is a crime of medium gravity. If the sanction of punishment is up to ten years of imprisonment - then this crime is grave, and if the maximum limit is more than ten years of imprisonment - then this crime is classified as especially grave.
2
For different types of sentences and terms of their execution, the term for the repayment of a criminal record is also different. So, a person is considered not convicted after the expiration of the probationary period if he was sentenced to a conditional sentence of punishment. If a person is sentenced to punishment not related to deprivation of liberty, then the criminal record is canceled after one year after his departure or execution. If a person was sentenced to real imprisonment for committing crimes of small and medium gravity, then the conviction will be considered extinguished after three years after serving the sentence, if for serious - after six years, and for committing especially serious crimes the conviction will be considered extinguished by after eight years.
3
For persons who have committed crimes at a minor age, the deadlines for the repayment of a criminal record are shorter. If minor crimes were committed at a minor age, for which a person was sentenced to real imprisonment, then the criminal record will be repaid after one year after serving the sentence. For grave and especially grave crimes committed by minors, for which they were sentenced to real deprivation of liberty, the conviction term is three years. At the expiration of the above periods, the criminal record is automatically repaid and no decision on its repayment is required.
4
If the maturity of the criminal record has not yet arrived, then a judicial procedure for its early withdrawal is possible. Such an opportunity is provided for persons sentenced to sentences executed on probation and having served more than half of the probationary period. For the early withdrawal of such a criminal record, the criminal-executive inspection must apply to the court with a request for its early withdrawal. At the same time, at the hearing, you will have to prove your correction and convince the court that there is no need for further serving a probationary period.
5
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 request for the removal of such a criminal record. At the hearing, it will be necessary to justify that after serving the sentence the behavior was impeccable and the main purpose of the punishment - correction of the convicted person was achieved.
6
When considering applications for the removal of a criminal record, the decisive role is often played by materials that indicate a positive characterization of the convicted person. If there are health problems, help from doctors can also help resolve the issue of removing a criminal record. A full consultation in each specific case can only be provided by a professional lawyer who can legally competently support the application for the removal of a criminal record in court.
7
If during the period of outstanding conviction crimes or administrative offenses were committed, this may adversely affect the judicial decision on the question of its removal.
