Procedure for expunging a criminal record
Important! Please keep in mind that:
- Each case is unique and individual.
- A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.
To get the most detailed advice on your issue, you just need to choose any of the options offered:
- Use the online chat in the lower corner of the screen.
- Call: Federal number: +7 (800) 511-86-74
Citizens of the Russian Federation can use all socio-economic rights and freedoms. Their list includes the ability to move freely. However, Federal Law No. 114 of August 16, 1996 contains a list of exceptions. Restrictions are imposed on persons who are suspected, accused of, or have been convicted of a criminal offense. The regulatory legal act does not contain information prohibiting travel to the Schengen countries until a criminal record has been expunged. The law states that a citizen cannot leave the state until he has served his sentence.
However, Federal Law No. 64 of April 6, 2011 states that citizens who have an unexpunged or outstanding criminal record are subject to administrative supervision. As a result, restrictions are imposed on travel outside a certain territory. If administrative supervision is not established, you can leave the territory of the Russian Federation.
Features of expunging a criminal record
We have already answered the question of whether they give a visa with a criminal record. Now let's find out the terms of its repayment. According to the Criminal Code, its terms depend on the severity of the punishment for the crime.
If a person has been sentenced for crimes of minor or moderate gravity, then repayment will have to wait three years. This means that it is best not to apply for a visa during this period. For serious crimes, convictions are expunged after six years, and for especially serious ones – after 8 years.
The principle is simple: if no new crimes are committed during this period, then repayment occurs, if not, then the convicted person is considered a repeat offender (who has committed multiple crimes). Repayment eliminates all legal consequences. A former convict can, for example, participate in elections and work in the civil service.
There are exceptions to these rules. For example, a criminal record can be expunged ahead of schedule if the person was given a suspended sentence and after the expiration of the probationary period. The repayment terms also change if you are released from prison on parole. For those who have been fined by a court or sentenced to correctional labor, their criminal record can be expunged within a year after their release.
When is it considered repaid?
A citizen is considered convicted after the sentence comes into force. However, it can be withdrawn or redeemed. The deadlines are determined by the Criminal Code of the Russian Federation. The period directly depends on the offense committed. When a criminal record has been expunged, the restriction of rights is lifted. A citizen is not required to indicate that he has previously committed crimes. If the punishment was applied to a minor, other terms are fixed. They are enshrined in Article 95 of the Criminal Code of the Russian Federation.
The period after which a criminal record is considered expunged:
| The gravity of the act committed | For adults | For minors |
| The citizen was not deprived of his freedom. | 1 year | 0.5 years |
| An act has been committed, the severity of which is assessed as minor or moderate. | 3 years | 1 year |
| A person has been deprived of liberty for a serious or especially serious crime. | 8 or 10 years | 3 years |
Expungement of a criminal record
According to Russian law, a person convicted of a crime and has not served his sentence cannot exercise his right to free movement. The same applies to those on conditional release.
The restrictions apply only until the criminal record is expunged or removed. After this, the citizen has the right to receive a passport. Whether a visa with an expunged criminal record will be obtained depends on the decision of the specific consulate.
Repayment terms
Expungement of a criminal record occurs automatically - after a certain period after the convicted person has fully served his sentence. The time to expunge a criminal record depends on the category of crime and, according to Article 86 of the Criminal Code of the Russian Federation, is:
- 1 year after the final fulfillment of all obligations, if the convicted person was sentenced to a more lenient punishment than imprisonment (fine, forced labor, deprivation of a special rank);
- 3 years after release - when committing crimes of minor and medium gravity (for which they receive 2-5 years of imprisonment);
- 8 years – when committing serious crimes that restrict freedom for up to ten years;
- 10 years, if the conviction is related to especially serious crimes, for which one is sent to prison for ten years or more.
The suspended sentence is extinguished upon completion of the probationary period.
If for some reason the convicted person was released early, the criminal record begins to be expunged from the moment of release.
How to remove a criminal record?
You can get a visa with a criminal record if it has been expunged. It is carried out automatically. A criminal record can be expunged. Such decisions are made in court. A positive verdict cancels all negative consequences. To initiate consideration of a case, you must file a petition. The action can be carried out in the following cases:
- the applicant renounced the charges brought earlier;
- the citizen was granted amnesty or became seriously ill;
- the statute of limitations on the verdict has expired;
- criminal proceedings in the case were terminated, or a decision was made to close it;
- The article that was imputed to the citizen was excluded from the current legislation.
A person has the right to apply for an expungement of a criminal record if, after his release, he has completely changed his behavior and lifestyle. It is necessary to earn positive recommendations at home and at work. After serving the sentence, a probationary period may be established. Its duration is 6-60 months. Then you can try to file a petition. The court will be more loyal to a citizen if he:
- behaved impeccably;
- compensated for the damage caused as a result of the crime;
- did not commit disciplinary offenses;
- did not allow the occurrence of administrative offenses.
Important! The above facts will need to be proven.
When a decision has been made to expunge a criminal record, you must contact the territorial department of the Federal Migration Service to obtain a certificate. You will need to visit the organization located at the place of registration. The request can be made through the State Services portal. Only after this can you begin the visa procedure.
Visa with a criminal record: is it available and how to get it?
If a citizen committed a criminal offense in the past, this fact will affect the present. Obtaining the right to visit another country can be difficult. A visa with a criminal record is provided. However, the chance of issuing a document depends on the severity of the act committed and the fact of punishment.
Procedure for expunging a criminal record
Important! Please keep in mind that:
- Each case is unique and individual.
- A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.
To get the most detailed advice on your issue, you just need to choose any of the options offered:
- Use the online chat in the lower corner of the screen.
- Call: Federal number: +7
Citizens of the Russian Federation can use all socio-economic rights and freedoms. Their list includes the ability to move freely. However, Federal Law No. 114 of August 16, 1996 contains a list of exceptions.
Restrictions are imposed on persons who are suspected, accused of, or have been convicted of a criminal offense. The regulatory legal act does not contain information prohibiting travel to the Schengen countries until a criminal record has been expunged.
The law states that a citizen cannot leave the state until he has served his sentence.
However, Federal Law No. 64 of April 6, 2011 states that citizens who have an unexpunged or outstanding criminal record are subject to administrative supervision. As a result, restrictions are imposed on travel outside a certain territory. If administrative supervision is not established, you can leave the territory of the Russian Federation.
When is it considered repaid?
A citizen is considered convicted after the sentence comes into force. However, it can be withdrawn or redeemed. The deadlines are determined by the Criminal Code of the Russian Federation. The period directly depends on the offense committed.
When a criminal record has been expunged, the restriction of rights is lifted. A citizen is not required to indicate that he has previously committed crimes. If the punishment was applied to a minor, other terms are fixed.
They are enshrined in Article 95 of the Criminal Code of the Russian Federation.
The period after which a criminal record is considered expunged:
| The gravity of the act committed | For adults | For minors |
| The citizen was not deprived of his freedom. | 1 year | 0.5 years |
| An act has been committed, the severity of which is assessed as minor or moderate. | 3 years | 1 year |
| A person has been deprived of liberty for a serious or especially serious crime. | 8 or 10 years | 3 years |
How to remove a criminal record?
You can get a visa with a criminal record if it has been expunged. It is carried out automatically. A criminal record can be expunged. Such decisions are made in court. A positive verdict cancels all negative consequences. To initiate consideration of a case, you must file a petition. The action can be carried out in the following cases:
- the applicant renounced the charges brought earlier;
- the citizen was granted amnesty or became seriously ill;
- the statute of limitations on the verdict has expired;
- criminal proceedings in the case were terminated, or a decision was made to close it;
- The article that was imputed to the citizen was excluded from the current legislation.
A person has the right to apply for an expungement of a criminal record if, after his release, he has completely changed his behavior and lifestyle. It is necessary to earn positive recommendations at home and at work. After serving the sentence, a probationary period may be established. Its duration is 6-60 months. Then you can try to file a petition. The court will be more loyal to a citizen if he:
- behaved impeccably;
- compensated for the damage caused as a result of the crime;
- did not commit disciplinary offenses;
- did not allow the occurrence of administrative offenses.
Important! The above facts will need to be proven.
When a decision has been made to expunge a criminal record, you must contact the territorial department of the Federal Migration Service to obtain a certificate. You will need to visit the organization located at the place of registration. The request can be made through the State Services portal. Only after this can you begin the visa procedure.
How to apply for a visa with a criminal record?
When figuring out whether a visa is issued with a criminal record, a citizen will find out that obtaining the right to enter the Schengen countries is possible, even if it has not been expunged. The rule applies if the person suffers from a serious illness.
Foreign doctors often undertake unique operations. The chance of issuing a visa will increase if the visit to another country is for the purpose of undergoing treatment.
It all depends on the recommendations of specialists and the severity of the disease.
The likelihood of obtaining entry rights will increase if the convicted person has a relative abroad who is seriously ill or has died. In this situation, a private Schengen visa is issued. The basis for its provision is an invitation from other relatives or a message about an event that has happened.
The fact of the disease must be confirmed. In the first case, a medical certificate with documents confirming the relationship is attached to the package of documents. In the second case, a death certificate is required.
If the convicted person is received by relatives, they must also confirm the existence of family ties and provide guarantees of material support.
Note! Most countries are reluctant to allow people with an outstanding criminal record into their territory. Other reasons are not taken into account as valid reasons for entry.
If a short-term visa is required, information about the presence of a criminal past may not be asked.
State representatives pay more attention to compliance with visa laws, the presence of fines abroad, the availability of funds for travel, travel tickets and other issues that need to be resolved so that a person can freely return to their homeland within the prescribed period. However, the consulate may require papers on the presence or absence of a criminal record if the applicant plans to stay in the state for a long period of time.
certificate of good conduct
For a long-term visa, a certificate of no criminal record may be required. Its registration is carried out at the MFC or the Ministry of Internal Affairs of the Russian Federation. The paper can be ordered online.
To do this, you need to use the State Services portal. To simplify the procedure, you can turn to intermediary companies for help. However, in this situation it is necessary to issue a power of attorney.
The fastest way to get help is online.
Note! If a person independently applies to the authorized body, the documents will be provided free of charge. Payment is required if a person uses the services of intermediaries or draws up paper urgently. In Moscow, the document is ready to be prepared in 1 working day. However, you will have to pay over 18,000 rubles for this.
The certificate is issued using your passport. The citizen will have to write a statement. The standard period for issuing a certificate is 30 days. This does not mean that the registration procedure will necessarily drag on for a month. However, you need to be prepared for this. The help displays the following information:
- Document Number;
- presence of a criminal record of a particular person;
- information about the sentence passed and the court that passed it, if there is a criminal record;
- information about the criminal prosecution against the applicant, if it has been or is ongoing at the time the document was issued;
- signature of an authorized person.
Information about the expungement of a criminal record is not provided in the document. The procedure is performed automatically. If repayment does not occur, the document reflects the article under which the citizen was judged. It is not recommended to apply for a visa in this case. A positive answer is possible if the article is not too serious.
Who and where is prohibited from leaving the country?
A visa may be granted if you have a criminal record. However, if a person has a debt of more than 10,000 rubles, his right to travel will be limited. Debtors are entered into the border service databases, and the opportunity to leave the state is denied right at the airport or at the control point.
Minor citizens whose parents have not given documented consent to travel are also not allowed to leave the state. This is possible if a woman plans to go on vacation with a minor, and the father has not provided permission. The document requires certification by a notary.
If an investigation is initiated against a citizen, the passport may be confiscated. A similar rule applies in the case of a written undertaking not to leave. You will not be able to leave while you are under house arrest or under criminal investigation. In the latter case, the person will be arrested at the border.
Conclusion
If a citizen has previously committed a crime, this is not an official reason for restricting exit from the state. Only persons who have not served their actual sentence will not be allowed abroad.
Criminal record is not the most important criterion for deciding whether to grant a visa. Even if a person has previously committed a crime, you should not try to hide this fact.
An attempt to mislead, and not the very existence of a verdict, can become a reason for refusal.
How to apply for a visa with a criminal record?
When figuring out whether a visa is issued with a criminal record, a citizen will find out that obtaining the right to enter the Schengen countries is possible, even if it has not been expunged. The rule applies if the person suffers from a serious illness. Foreign doctors often undertake unique operations. The chance of issuing a visa will increase if the visit to another country is for the purpose of undergoing treatment. It all depends on the recommendations of specialists and the severity of the disease.
The likelihood of obtaining entry rights will increase if the convicted person has a relative abroad who is seriously ill or has died. In this situation, a private Schengen visa is issued. The basis for its provision is an invitation from other relatives or a message about an event that has happened. The fact of the disease must be confirmed. In the first case, a medical certificate with documents confirming the relationship is attached to the package of documents. In the second case, a death certificate is required. If the convicted person is received by relatives, they must also confirm the existence of family ties and provide guarantees of material support.
Note! Most countries are reluctant to allow people with an outstanding criminal record into their territory. Other reasons are not taken into account as valid reasons for entry.
If a short-term visa is required, information about the presence of a criminal past may not be asked. State representatives pay more attention to compliance with visa laws, the presence of fines abroad, the availability of funds for travel, travel tickets and other issues that need to be resolved so that a person can freely return to their homeland within the prescribed period. However, the consulate may require papers on the presence or absence of a criminal record if the applicant plans to stay in the state for a long period of time.
How to apply for a visa
If a citizen has found the answer for himself as to whether it is possible to obtain Schengen status with a criminal record by early removal or expungement, then he has the opportunity to obtain a foreign passport and visa. In some cases, a visa document is not even required to travel abroad. You can find out which countries do not require visas on the website of the Russian Ministry of Foreign Affairs or by contacting the website of the embassy of a foreign state.
To obtain a Schengen visa, a citizen must fill out an application form, take photographs of the established form, collect the necessary documents, and pay a visa and service fee. Registration of an entry permit to the European Union takes from 5 to 8 working days. In the summer, this period in some embassies can last up to two or three weeks.
Preparation of documentation
Will they give you a visa if you have a criminal record? If it has already been repaid, and the submitted documents meet the requirements set by the embassy, then the reasons why a visa may be refused can only be associated with insufficient justification for the purpose of the trip. To avoid denial of a permit to enter the Schengen area, the applicant needs to pay special attention to the preparation of documentation.
The list of documents required for submission to the embassy includes:
- a form of a standard form (some embassies of EU countries allow you to fill out a form on their website or through the Internet resource of the Ministry of Foreign Affairs);
- a foreign passport with at least 3-4 months remaining until its expiration date;
- passport of a citizen of the Russian Federation;
- international insurance policy;
- two photographs 3.5 by 4.5 cm;
- documentary substantiation of the purpose of the trip;
- certificate from place of work;
- bank account statement or sponsorship letter (if it is not possible to provide a certificate from your place of employment);
- receipt of payment of the visa and service fee.
Procedure for obtaining a certificate
To obtain a certificate of good conduct for a visa, a former convict must contact the Ministry of Internal Affairs at the place of registration. Another option for obtaining a certificate is to contact the State Services website.
Based on the available information about the expungement of a criminal record due to the expiration of the probationary (supervisory) period or early expungement as a result of the satisfaction of a petition submitted to the court, a document on the absence of a criminal record will be issued by the Office of the Ministry of Internal Affairs of the Russian Federation at the place of registration of the citizen. The certificate is issued free of charge.
Required documents
Having issued Schengen, a citizen will be able to visit any of the 26 states that are part of the European Union. Therefore, the need to prepare a document arises often. In order to be granted entry rights, you will need to prepare a package of documents. The list may vary depending on the purpose of the visit to the country. The main package of papers includes:
- application form and passport;
- photos;
- insurance;
- a receipt confirming payment of the fee;
- certificate from the place of official employment;
- bank statement or other guarantees of sufficient funds for the duration of the trip.
The above list is relevant for applying for a short-term visa. If you need a document granting the right to enter for a long period of time, the list will need to be supplemented with the following papers:
- an invitation to work or an employment contract if a person goes to another state for the purpose of employment;
- medical certificate;
- a certificate confirming or refuting the fact of criminal prosecution;
- papers confirming a visit to the state to obtain education;
- an invitation if a person wants to go live with relatives who are citizens of another country;
- property papers or rental agreements for the entire period of stay.
If a person plans to visit states to participate in business events, treatment, create his own business or attend exhibitions, the list will also need to be supplemented with other documents. The greater the amount of time a person wants to spend abroad, the larger the list of requirements. The certificate of no criminal record must be translated. The procedure takes about 5 days.
certificate of good conduct
For a long-term visa, a certificate of no criminal record may be required. Its registration is carried out at the MFC or the Ministry of Internal Affairs of the Russian Federation. The paper can be ordered online. To do this, you need to use the State Services portal. To simplify the procedure, you can turn to intermediary companies for help. However, in this situation it is necessary to issue a power of attorney. The fastest way to get help is online.
Note! If a person independently applies to the authorized body, the documents will be provided free of charge. Payment is required if a person uses the services of intermediaries or draws up paper urgently. In Moscow, the document is ready to be prepared in 1 working day. However, you will have to pay over 18,000 rubles for this.
The certificate is issued using your passport. The citizen will have to write a statement. The standard period for issuing a certificate is 30 days. This does not mean that the registration procedure will necessarily drag on for a month. However, you need to be prepared for this. The help displays the following information:
- Document Number;
- presence of a criminal record of a particular person;
- information about the sentence passed and the court that passed it, if there is a criminal record;
- information about the criminal prosecution against the applicant, if it has been or is ongoing at the time the document was issued;
- signature of an authorized person.
Information about the expungement of a criminal record is not provided in the document. The procedure is performed automatically. If repayment does not occur, the document reflects the article under which the citizen was judged. It is not recommended to apply for a visa in this case. A positive answer is possible if the article is not too serious.
Who and where is prohibited from leaving the country?
A visa may be granted if you have a criminal record. However, if a person has a debt of more than 10,000 rubles, his right to travel will be limited. Debtors are entered into the border service databases, and the opportunity to leave the state is denied right at the airport or at the control point.
Minor citizens whose parents have not given documented consent to travel are also not allowed to leave the state. This is possible if a woman plans to go on vacation with a minor, and the father has not provided permission. The document requires certification by a notary.
If an investigation is initiated against a citizen, the passport may be confiscated. A similar rule applies in the case of a written undertaking not to leave. You will not be able to leave while you are under house arrest or under criminal investigation. In the latter case, the person will be arrested at the border.
