A conviction is a legal consequence of a verdict of guilty against a person. The presence of a criminal record is important when a new crime is committed, and also entails certain restrictions on rights. A person convicted of a crime is considered to be convicted from the date of entry into force of the verdict of guilty until the moment of the expunging a conviction or the conviction is canceled.
The expunding a conviction is the end of the term, which is established by law from the beginning of serving the sentence, after which the person is considered to be not convicted.
The need to remove a criminal record is due to the following factors. The presence of an outstanding criminal record negatively affects the labor activity of citizens. Persons who have been adjudged guilty of a particular criminal offense cannot:
– to hold office of the state civil service, in judicial and law enforcement agencies;
– work in the field of teaching;
– to carry out the exercise of advocacy;
– to hold executive positions in the financial sector;
– serve in the armed forces;
– obtain a weapon permit;
– to be guardians and trustees.
In accordance with the provisions of Article 87 of the Criminal Code of the Donetsk People’s Republic, a criminal record is canceled:
– upon expiration of the probation period;
– after a certain period of time after the release of the convicted person (the redemption period depends on the category of the crime):
- those sentenced to a lesser sentence of punishment than imprisonment – upon the expiration of a year after serving or executing punishment;
- those sentenced to imprisonment for crimes of a minor offence or an offence of medium gravity – upon the expiration of 3 years after serving the sentence;
- those sentenced to imprisonment for grave crimes – upon the expiration of 8 years after serving the sentence;
- those sentenced to imprisonment for especially grave crimes – upon the expiration of 10 years after serving the sentence.
A criminal record may be withdrawn before the expiration of the redemption period, in the case of good conduct of the convicted person after serving the sentence.
Early clearing of a criminal record is carried out in court on the basis of a submitted petition. Having considered the petition, the court issues a decision on the clearing of a criminal record or on the impossibility of the clearing of a criminal record. The basis for the adoption of a positive court decision on the clearing of a criminal record may be a positive characterization of the convicted person, which confirms the fact that the goal of detention and correction of the person subjected to punishment has been achieved.
Also, the clearing of a criminal record is possible if the act of pardon of the Head of the Donetsk People’s Republic is applied. The procedure for considering petitions for pardon was approved by Decree of the Head of the Donetsk People’s Republic of 26 August 26 No. 261 and provides for the applicant’s independent appeal with a written petition to the pardon commission on the indicated issue.