Is it possible to remove a criminal record?
solvedAnswers
Lorina Fedan
The law does not oblige the court, but only gives it the right, based on the specific circumstances of the case, to remove a person's criminal record. Removal of a criminal record is possible only before the expiration of the terms of repayment of the criminal record provided for in Art. 89 of the Civil Code, therefore it is always premature.
To remove a criminal record according to Art. 91 of the CCU, the following conditions are necessary:
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the person serving a sentence in the form of restriction of liberty or deprivation of liberty; It is not possible to consider persons who have served a punishment in the form of restriction or deprivation of liberty, in cases when these types of punishment were replaced by other types of punishment in accordance with the procedure established by law, or the person was released from serving a probationary sentence or the unserved part of the sentence (in the form of restriction or deprivation of liberty) was replaced by a milder punishment. That is, the removal of a criminal record is applied only to those persons who have actually served the punishment imposed on them in the form of restriction or deprivation of liberty.
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the end of at least half of the term of repayment of the criminal record provided for in Art. 89 of the Civil Code;
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establishment by the court that the person proved his correction by exemplary behavior and conscientious attitude to work (clause 9 of the Resolution of the Plenum of the Supreme Court of Ukraine dated 12.26.2003 No. 16 "On the practice of application by the courts of Ukraine of the legislation on repayment and removal of criminal records")
The concept of "exemplary behavior of a person" means the presence of stable lawful actions in everyday life, the team, communication with the environment, and compliance with moral standards.
The concept of "honest attitude to work" includes timely and conscientious performance by the person in question of his professional or industrial duties, strict observance of working conditions and requirements of industrial discipline. Compliance by a person with all the requirements covered by these two concepts should confirm the correction of such a person.