“After three years, a criminal record is expunged on its own” is a phrase that is repeated so often that it has become practically folk wisdom. The problem is that the law does not establish a single term of three years for everyone without exception — and the confusion between two different concepts, “expungement” and “expungement” of a criminal record, only reinforces the myth. Let’s analyze what the Criminal Code of Ukraine actually says.
Three years is indeed one of the terms provided for by law, but only for a specific category of punishments, not a universal rule. Since this term is often encountered in judicial practice, it has become entrenched in the public consciousness as the “standard,” although for other types of punishments and categories of crimes, the terms vary significantly — from one year to eight years or more.
The main reason for the confusion is the mixing of two different legal mechanisms that regulate Criminal Code of Ukraine No. 2341-III.
It occurs on its own upon the expiration of the period established by Article 89 of the Criminal Code of Ukraine, without any additional appeals to the court.
Early expungement of a criminal record before the expiration of the repayment period is regulated by Article 91 of the Criminal Code of Ukraine, and it never occurs automatically.
Article 89 of the Criminal Code of Ukraine establishes different terms for the expungement of a criminal record depending on the type of punishment imposed and the severity of the criminal offense - for less severe punishments the term is shorter, for imprisonment for serious and especially serious crimes - significantly longer. This means that for one person a criminal record may be expunged in a year, and for another - only after eight years or more, depending on the specific sentence. The law does not establish a universal figure of "three years" - the specific term must be calculated for each sentence separately.
If a person wants to expunge a criminal record before the established deadline, rather than waiting for automatic expungement, they will have to apply to the court with a corresponding petition and document exemplary behavior after serving the sentence. The procedure for such an application is determined by the Criminal Procedure Code of Ukraine, and without a prepared petition and evidence, the court will simply refuse to satisfy the request.
A specialist will help you assess the prospects of a specific case and prepare a petition for expungement of a criminal record. criminal lawyer directory.
Lawyer's answers to frequently asked questions about the terms of expungement of a criminal record and the procedure for its early removal.
No, three years is just one of the possible terms provided for certain types of punishments. The specific term for the expungement of a criminal record depends on the severity of the crime and the type of punishment imposed and can be both shorter and much longer.
Repayment occurs automatically upon expiration of the period established by law, without recourse to the court. Removal of a criminal record is a separate procedure that is possible only by court decision and a previously established repayment period, provided that the person has exemplary behavior.
The term is calculated from the date of actual serving of the main and additional sentences, not from the date the sentence becomes final. This is a common mistake that leads to incorrect calculation of the repayment date.
Yes. The lawyer will prepare a petition for the court, collect evidence of exemplary behavior and conscientious attitude to work after serving the sentence - without this, the court will refuse to satisfy the request for early expungement of the criminal record.
No, the law expressly prohibits the early expungement of a criminal record before the full expiration date for serious, especially serious, and corruption crimes. In such cases, the criminal record is expunged only upon the expiration of the established deadline.
Formally, repayment occurs without a separate document, but in practice, employers or institutions sometimes require confirmation. A lawyer will tell you how to obtain an appropriate certificate of criminal record in a specific situation.
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