Certificate confirming the presence or absence of a criminal record

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Published: 06/23/2016

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In some cases, when drawing up an employment contract, a future employee of an organization or enterprise must present a certificate confirming the absence of a criminal record. Such a document is required only for certain categories of working citizens (required if a person intends to occupy a certain position).

Every employer has the right to know whether his employee has problems with the law or not. In some cases, the absence of this certificate may serve as a refusal on the part of the employer to apply for a vacant position. However, such actions may be unlawful, since the requirement of this document is not always considered legal.

• When and who needs it?
• What does the document look like?
• Where and how to get it?
• Validity period and liability for falsification

What is included in a criminal record certificate for employment?

Any state must have a database containing information about persons who have committed crimes. At the same time, law-abiding citizens must have the opportunity to prove their purity before the law. This opportunity can be realized by contacting the Ministry of Internal Affairs for the appropriate certificate. The Ministry of Internal Affairs determines the procedure for providing this type of documentation.

Important

The certificate contains all information about existing criminal records, including expunged and expunged convictions. They also indicate the facts of criminal cases, criminal proceedings without a criminal record and the reasons for the removal of criminal liability from a person.

Even if a candidate for a vacancy has ever been involved in criminal proceedings as a suspect or accused, even if the case did not end in judicial proceedings, this information will be indicated in the certificate. The certificate will also include information about the state. the authority participating in the procedure for issuing the document. The expungement of a criminal record and the circumstances that served as the reason for this will also be included in the certificate.

The determining factor will be the article under which the applicant was convicted. It is he who acts as a selection criterion for various fields of activity.

Important fact

The requirement to provide a certificate is legally permitted for most institutions, for various reasons and on various grounds.

Lack of certificate will be an obstacle for:

• work as a doctor or teacher;
• obtaining foreign citizenship;
• loan approval;
• contract military service;
• adoption.

A candidate for a position who does not have a criminal record receives a certificate of no criminal record or criminal prosecution, confirming his non-involvement in criminal structures and inclinations.

Responsibility for forgery of certificate

If it turns out that the document was forged, the employer has the right to dismiss the guilty person. If a person is only applying for a position, the manager simply does not hire the employee. However, this is not all that awaits the applicant. Forgery of documents implies criminal liability. Types of liability for providing knowingly false information:

• A fine of up to 80,000 rubles.
• Income of the guilty person for six months.
• Mandatory work lasting 180-240 hours.
• Correctional labor for up to 2 years.
• Imprisonment for 2 years.
• If there are aggravating circumstances, the prison sentence is extended to 2 years.

An employee may try to obtain a false document, but this is strictly not recommended. The security service will quickly reveal the fact of forgery, and the person will have to bear the corresponding responsibility.

In what cases is the presentation of a police clearance certificate required by law?

According to Article 65 of the Labor Code, a certificate of criminal record is included in the list of documentation provided mandatory or at the request of the employer during employment.

Important

It is mandatory to provide a certificate of criminal record in institutions and areas that prohibit admission to professional activities of persons who have had conflicts with criminal law. These include both those convicted and those under investigation.

The presence of a criminal record or investigative actions against a citizen becomes a significant reason for refusal in the following areas of activity:

• pedagogy;
• educational activities;
• social work.

Important fact

If the activity involves working with children and adolescents under 18 years of age, then citizens with a criminal record or the fact of criminal prosecution are categorically not allowed to participate in it.

The procedure for obtaining a job for those with a criminal record is regulated not only by the Code of Labor Code, but also by a number of other legislative acts and norms.

This certificate must be provided upon employment:

• to aviation;
• to transport companies;
• in the fuel and energy industry;
• to banks and financial institutions;
• to the judiciary;
• to customs;
• in the field of clearing;
• to law enforcement agencies.

If a vacant position involves working in organizations in the specified areas, but does not allow direct contact with material assets (for example, cleaning, repair and maintenance of communications), then it is not necessary to present a certificate. If an applicant for a vacancy refuses to provide this certificate, the personnel service has no right to insist. However, this does not exclude the possibility of rejecting the candidacy of the refused applicant.

How can you get a job with a criminal record?

A citizen released from prison must first familiarize himself with labor legislation, which sets restrictions on hiring persons with a criminal record.

You should not even try to get a job in a public or private company for a financially responsible position.

Start trying with small private firms with low salaries; a larger employer will certainly be interested in a significant break in your work history.

If attempts to find a job with an employer are unsuccessful, you can try to become an individual entrepreneur. True, there are some limitations here too.

For example, difficulties may arise in obtaining permits if a previously convicted person decides to engage in:

• security or private detective activities;
• banking, lending;
• educational activities.

Does not work? Then contact the regional employment service, register or use information services.

If at the time of your application there is no suitable vacancy, then the employees of the employment center can refer you to training courses, upon completion of which you will have a new specialty and it will become much easier to find a job.

In addition, in recent years, special centers for the adaptation of former prisoners have begun to open in many cities. Here they do everything possible so that a person with a criminal record can get a job.

When an employer has the right to request a police clearance certificate

Article 65 of the Labor Code directly prohibits the employer from demanding certificates and certificates that are not included in the list of mandatory ones for the employment contract. However, some employers continue to insist on providing a certificate as an argument when applying for a position. These requirements are not valid.

Important

According to current legislation, the employer does not have the right to insist on the provision of a reference certificate of no criminal record in the event that the scope of his activities is not included in the list of legislative restrictions for persons with a criminal record and criminal prosecution.

If the activities of an organization or institution are related to the above areas, for example finance, then the employer has grounds to require the candidate to provide a certificate and make a decision on hiring on its basis.

In this case, the employer acts within the framework of the law and legally wants to make sure that the applicant has no criminal record.

Important

Refusal to provide a certificate for employment in areas of activity specified by law is a violation of the requirements of the Labor Code of the Russian Federation.

In other cases, the desire to check the criminal record certificate of a candidate for a vacant position is an attempt to verify his integrity.

Expunged criminal record and expunged criminal record

Expunged criminal record is a situation when the sentence or probation period for a suspended sentence has expired. The deadlines are established by Art. 86 of the Criminal Code of the Russian Federation.

An expunged criminal record is a criminal record that is annulled by a separate court decision (as if it did not exist).

According to the law, both expungement and expungement of a criminal record must cancel all consequences associated with it. That is, the convicted person must be returned in full all his rights limited by punishment.

Hence, there is a practice of removing information about a criminal record from the databases of the Ministry of Internal Affairs through a special court decision.

Where to get a police clearance certificate

Sometimes a certificate may be required not only when applying for a position, but also after a long time of working at the enterprise. A sudden demand to provide a certificate does not mean anything bad - the employee is not suspected of anything and is not in danger of anything. It’s just that the moment of needing a certificate was missed for some reason when applying for a job. Therefore, in order to fully comply with legal regulations, the employer decided to attach the certificate to the documentation now.

To obtain a certificate, you need to fill out a corresponding application to any department of the Ministry of Internal Affairs of the Russian Federation.

The application includes the following information:

• Full name of the applicant;
• Family status;
• presence of adopted or guardianship children;
• residential address;
• request for a certificate.

Along with the application, the originals are provided to the Ministry of Internal Affairs:

• passports of the Russian Federation or another country of which the person is a resident;
• birth (adoption) certificates of children under 18 years of age, if available;
• documents on guardianship of children under 18 years of age (if available).

The certificate is issued within a month from the date of receipt and registration of the application. The certificate is issued in duplicate.

Important

In some cases, if additional requests for verification are necessary, the deadline for providing a certificate may be extended to 2 months.

The provision of this certificate by the Ministry of Internal Affairs does not provide for any payments or duties.

Validity period of the certificate

Often citizens uninitiated in the basics of jurisprudence have a question: what is the validity period of the certificate? Legislative standards, unfortunately, do not give a definite answer to this. According to unofficial standards adopted in domestic records management, the validity period of such certificates is three months. Accordingly, when presenting this document, it is necessary to focus on this period.

In a number of cases listed in legislative acts, a citizen can file a complaint against the actions of the Ministry of Internal Affairs officers responsible for issuing the certificate. This is acceptable in the following situations:

• The employees violated the deadlines for registering a citizen’s request to issue him the required document on good conduct.
• The one-month period allotted by law for preparing and issuing a certificate has been missed.
• If specialists of the Ministry of Internal Affairs department require a citizen to additionally present documents not listed in the regulatory list.
• When employees of the Ministry of Internal Affairs or the MFC refused to accept an application and a package of accompanying documents without, in the client’s opinion, proper grounds.
• When requesting payment for this service.

The complaint is submitted directly to the immediate superiors of those employees who violated the legal regulations.

How does providing a certificate affect labor relations?

Having an expunged or expunged criminal record has virtually no effect on employment opportunities and conditions. Moreover, this information is not important if the activity does not involve civil service, work in the Ministry of Internal Affairs or with persons under 18 years of age. It is recommended not to make a secret of such a criminal record due to its insignificance for the employer.

note

No matter how much you would like to improve your image in the eyes of your employer, you should not hide your existing criminal record. This is not only fair, but also safer for your reputation.

If a hidden criminal record is revealed during the employment relationship, the employer will not be able to fire you because of it. Therefore, he will fire the employee under the pretext of professional inconsistency, which is no less unpleasant.

Responsibility for the employer arises in such situations:

• refusal to hire due to lack of a certificate, if the vacancy does not imply legal restrictions for persons with a criminal record;
• refusal to hire a candidate with a criminal record, if professional activity does not contain such restrictions;
• if the corporate charter requires a certificate, and not all staff have one.

What are the consequences if you hide your criminal record?

Let's consider whether the employer still has the right to hire an employee without such a document? Violation of the law and employment in the above structures and areas of activity without the specified certificate entails administrative liability of the employer. A fine of 50 thousand rubles may be imposed on him. It is possible to suspend the activities of an institution for up to 90 days.

If it is discovered that a citizen has submitted false documents or has an outstanding criminal record after employment, the employer is obliged to terminate the employment contract with him.

If the certificate was not requested due to the omission of the hiring authority, if a violation is discovered, the termination of the employment contract and the dismissal of the employee occurs with the payment of severance pay in the amount of a monthly salary.

If, upon receipt of the certificate, it indicates the facts of a criminal record, but they have been expunged and the statute of limitations has passed, then the recipient of such a document is officially not convicted and can count on unhindered employment.

Please note whether it is possible to somehow hide a criminal record . Let's find out when a criminal record is considered annulled:

1. The probation period ended and a suspended sentence was imposed.
2. The sentence has been served and a year has passed since the end of the term.
3. He served a sentence of up to 5 years in prison and more than 3 years have passed since then.
4. He served a sentence of up to 10 years and more than 8 years have passed since his release.
5. He served a sentence of over 10 years and more than 10 years have passed since his release.

Form and information contained in the certificate

A certificate of no criminal record is included in the list of mandatory documentation for employment in a position that has legal restrictions for persons with a criminal record.

In order to get the desired place, some applicants resort to deception by purchasing certificates from random people. To avoid encountering a fake certificate, you should carefully check:

• document registration number;
• name of the Ministry of Internal Affairs;
• the date on which the certificate was issued;
• clarity and appearance of the official seal;
• appearance of the signature.

Another option for concealing facts is to indicate false information in the application. Detection of this violation is a reason for refusal to issue a certificate.

Validity period of a certificate of no criminal record

How long is this certificate valid if employment is just planned? In fact, the reason for concern should not be the validity period of the document, but the time of its execution, since the certificate is issued indefinitely and remains valid until grounds for changes in the content arise.

But preparing paper can lead to problems, because they are not produced immediately, but over a long period. In order to receive the required document by the appointed date, it is recommended to contact the Ministry of Internal Affairs 1 month in advance.

The fact that the certificate was issued is evidenced by the counterfoils kept by the authority that prepared the certificate. After the applicant receives the certificate, its counterfoils will be kept in the archives for another 5 years. Since there is no expiration date, the applicant may not rush to receive it. If a person does not have time to receive a certificate immediately, he can do so at any time within 3 months.

Case Study

The children's trainer at the sports center had a criminal record for hooliganism, which was expunged. Due to inattention, the center’s management did not require a certificate to be provided when concluding the contract. During a routine check, the criminal record was revealed. Will the coach be fired?

Alas, dismissal will be mandatory, but the children's center will not break the law, because Article 83 of the Labor Code does not allow it to work with children.

How is a criminal record checked?

The easiest way to check an applicant for a criminal record is to enter the Ministry of Internal Affairs database.

Many organizations have their own security service, some of whose personnel are former law enforcement officers.

If necessary, they turn to their colleagues in previous service for help and receive from them all the necessary information about a particular person.

This method violates current legislation, Art. 88 of the Labor Code of the Russian Federation, which prohibits checking a citizen’s personal data without obtaining written consent from him.

Moreover, Art. 13.11 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability for violation of the rules for the use and dissemination of information about citizens in the form of a fine.

There are also legal ways to check a person's criminal record. For example, through court websites.

To do this, you need to go to the official website of the court of general jurisdiction at the place of registration of the applicant, go to the “Judicial Proceedings” section and enter his last name in the search column. Here you can find out information about the legal problems of the individual you are interested in.