Cases where criminal records are automatically erased

Reply:

A criminal record is a legal consequence of being convicted and is also one of the forms of criminal responsibility. A criminal record exists throughout the time the convicted person serves the sentence and for a certain period after serving the sentence.

Expungement of criminal record means erasing the final consequences of committing a crime. A person whose criminal record is expunged is considered as someone who has not been convicted.

Of course, criminal record erasure is an important institution in criminal law that demonstrates humanity and the principles of democracy and justice, respects and protects human rights, and creates conditions for those whose criminal records have been erased to reintegrate into the community and stabilize their business and life.

Article 70Penal Code 2015regulationscriminal records are automatically cleared as follows:

1. Automatic expungement of criminal records is applied to persons convicted of crimes other than those specified in Chapter XIII and Chapter XXVI of this Code when they have completed the main penalty, the probationary period of suspended sentence or the statute of limitations for execution of the sentence has expired and meet the conditions specified in Clauses 2 and 3 of this Article.

2. A convicted person shall have his/her criminal record automatically expunged if, since completing the main sentence or the probationary period, he/she has completed the additional sentence, other decisions of the judgment and has not committed a new crime within the following period:

a) 01 year in case of being warned, fined, reformed without detention, imprisoned but with a suspended sentence;

b) 02 years in case of imprisonment up to 05 years;

c) 03 years in case of imprisonment from over 05 years to 15 years;

d) 05 years in case of imprisonment of more than 15 years, life imprisonment or death penalty but the sentence has been reduced. In case the convicted person is serving an additional penalty of probation, residence ban, ban from holding a position, ban from practicing a profession or doing certain jobs, deprivation of certain civil rights, and the term of serving is longer than the term prescribed in points a, b and c of this clause, the period of automatic criminal record erasure will expire at the time the person completes serving the additional penalty.

3. A convicted person's criminal record shall be automatically expunged if, from the date of expiration of the statute of limitations for execution of the sentence, he/she does not commit a new crime within the period specified in Clause 2 of this Article.

4. The agency managing the criminal record database is responsible for updating information on the criminal record of convicted persons and, upon request, issuing a criminal record certificate confirming no criminal record, if the conditions specified in Clause 2 or Clause 3 of this Article are met.