Delete from a criminal records. When can I apply for the removal of the conviction
A frequently recorded issue is also a criminal record that complicates people’s life after their release, mainly because 80% of employers require a criminal record, but also for complications if you choose to do business.
Therefore, we will now deal with the issue of deletion from the criminal record.
The deletion from the criminal record is always decided by the court having jurisdiction to decide where you live. The condition for deletion is always keeping a good life after being released or ending a conditional sentence. (With the exception of juveniles there is it after a year, except for sentences over 1 year.). What is different is the period of time for which a deletion from the criminal record can be requested.
Conditions for smoothing:
Unconditional Custodial Punishment A convicted person, an interest group, a kinsman’s relative, his siblings, an adoptive parent, an adoptive parent, a spouse, and a species can file an application for the removal of a conviction. If it is a juvenile, the court decides without a motion. Convicts can be wiped out if the convict, after serving a sentence, has led a regular life
- for a period of 15 years if an exceptional sentence has been imposed
- for ten years if the sentence was more than 5 years
- for five years if the sentence was more than one year,
- for a period of three years if the sentence was no more than one year.
The actual length of the sentence is calculated. This means that if someone has been conditionally released for a period of 15 months after nine months of imprisonment and there has not been a decision to have the rest of the sentence enforced, the time to clear will be 3 years and not 5 years. This period runs from the moment of release from prison. The same is true if the punishment is alleviated by the grace or amnesty of the President of the Republic. Even in these cases, the actual sentence is important, not the entire sentence as originally imposed. Thus, if the offender was sentenced to five and a half years imprisonment and was released after three years on the basis of the president’s grace, it will be assumed that the sentence was three years old and not five and a half years old. Thus, it will be possible to request the removal of the conviction in the case described five years after release from prison.
Conditional sentence If conditionally convicted in a probationary probationary period and the condition was not converted into an unconditional sentence, this means that the court’s decision to certify the sentence is viewed as not being convicted and the conviction is not included in the criminal record . There is therefore no need to make any specific request for the removal of the conviction. But if the convict’s court has failed and converted the suspended sentence to unconditional, what is said above for the unconditional custodial sentence applies to the records in the criminal record.