Features of the process of repayment of criminal records
To begin with, it is necessary to determine what is a conviction. The decoding of the term is indicated in art. eighty-sixth of the Criminal Code of the Russian Federation (CC RF).
The term of the criminal record starts from the day of its announcement by the judicial authority until the moment of redemption or withdrawal.
Badly have to people previously attracted toresponsibility for the crimes committed. Courts repeatedly committed offenses (sanctions for which are specified in the Criminal Code) are understood as relapse. Consequently, with an aggravating circumstance, it is not worth hoping for an easier sentence.
There is such a thing as the repayment of conviction. Legislation establishes that it is considered to be repaid automatically after certain conditions are met. That is, there is no need for a second court hearing and a corresponding decision.
A legal, full term of the criminal record expires after serving the sentence (basic and additional, if the latter was appointed separately), or at the time of the completion of the probationary period.
Under amnesty (an act of amnesty is required) and pardon, conviction is also considered repaid. However, the law states "can be withdrawn". We do not need comments.
Legal terms for repayment of criminal records
Specified in part three of Art. eighty-sixth of the Criminal Code:
- for persons with a conditional sentence, the conviction is considered to be canceled after the expiration of the trial period;
- those who were not deprived of their liberty, but were sentenced, one year after serving the sentence appointed by the court, the conviction is extinguished itself, automatically;
- for persons convicted of serious crimes, conviction is repaid after six years of release;
- Finally, it is considered repaid after eight years after the end of serving the sentence of persons who committed particularly serious crimes at one time.
Early removal of a criminal record
If the convicted person does not violate the laws and order, behaves flawlessly, at his request the judicial authority may, by its decision, effect a repayment early.
There is such a right and the authority of state power. All the legal points and requirements of the legislator indicated in art. 84, 85, 86 (in their parts) of the Criminal Code of the Russian Federation.
Features of the repayment of convictions in minors
Few other terms, shorter, are established art. ninety-fifth of the Criminal Code of the Russian Federation in relation to persons who at the time of the commission of the crime did not attain majority (eighteen years of age).
For probation, the repayment term is six months. For crimes with a small or medium severity level - one year.
For serious crimes and especially serious - three years.