Two ways
- Expiry — this happens automatically when the term passes. Article 78 of the Criminal Code sets the term by the type and the length of the punishment.
- Early removal — by a court decision (article 79). If no administrative penalty or disciplinary measure was applied to the person after they served the imprisonment, the court can remove the record when at least half of the term in article 78 has passed. An act of pardon or amnesty can also remove the record.
The consequences
Under article 77 of the Criminal Code, when a record expires or is removed, all legal consequences tied to it end. This matters for employment, for a licence, and in other questions.
Applying to the court
The person who served the punishment, their defence counsel or legal representative, a public association, or a collective files the petition. The district (city) court of the person's place of residence hears it, and the person must take part in the hearing. After a refusal, a new petition can be filed not earlier than one year later (article 544 of the Criminal Procedure Code). It helps to attach a character reference from your place of work and information about your family and financial position.
Important
The term depends on the type and the length of the punishment: for a fine, one year after the fine is executed; for restriction of liberty, two years; for imprisonment of up to five years, four years; for more than five and up to ten years, seven years; for more than ten and up to fifteen years, ten years. The term runs from the day the main and the additional punishments are served. If the person commits a new crime before the term ends, the term stops running (article 80).