HOW TO DELETE A CRIMINAL RECORD
HOW TO DELETE A CRIMINAL RECORD
In this article, we will address the following topics under separate headings for our valued readers: what a criminal record is, what information is entered into a criminal record, and how a criminal record is deleted.
A criminal record, also known in public terms as a "sabıka kaydı," is the name given to the system where sentences and security measures imposed on a defendant are recorded. A criminal record can also be defined as the record of offenses kept by the state regarding its citizens.
For a sentence or security measure imposed due to a crime committed by an individual to be entered into the criminal record, the judgment must be final. In legal terms, the finalization of a judgment means that the individual has not applied for various legal remedies (appeal and supreme court review) within the time limit against the given decision, or if they have applied, that the authority in question (Regional Court of Justice, Court of Cassation) has upheld, in other words, accepted the court's decision.
The information entered into a criminal record is examined under two main headings. First, we will try to explain what information is entered into a criminal record;
Prison sentences and conviction decisions are entered into the criminal record. If the convict has completed the execution of the prison sentence, this status is entered into the criminal record. Likewise, if a prison sentence has been suspended and the probationary period is spent with good behavior, the fact that the sentence is considered executed is also entered into the criminal record. If the convict is released conditionally, also known as parole, after being in prison for a certain period, this decision is also entered into the criminal record. Furthermore, if a short-term prison sentence is converted into an alternative sanction, this decision is also recorded in the criminal record.
Judicial fines and conviction decisions are also entered into the criminal record. If a judicial fine has been paid, it is recorded as executed by payment; if it has not been paid, it is recorded as partially or fully executed through disciplinary imprisonment.
Decisions regarding the deprivation of certain rights or decisions prohibiting the exercise of certain rights or powers, the practice of a certain profession or art, or the revocation of a driver's license granted alongside a conviction are also entered into the criminal record. If there is a decision rendered by a foreign court against a Turkish citizen and this decision is final, the decision made by the court upon the request of the public prosecutor regarding the deprivation of rights arising in terms of Turkish Law is entered into the criminal record.
A decision regarding the expiration of the statute of limitations for a sentence is entered into the criminal record. Additionally, laws concerning general or special amnesties and Presidential decrees regarding special amnesties are entered into the criminal record. Finally, auxiliary penalties in conviction decisions rendered according to the Military Penal Code are entered into the criminal record.
Information not entered into a criminal record is regulated as follows;
If the court has rendered a decision for the "postponement of the announcement of the verdict" (HAGB), this matter is not entered into the criminal record and is recorded in a separate system.
Conviction judgments regarding disciplinary offenses and purely military offenses, and decisions regarding disciplinary and coercive imprisonment are not entered into the criminal record.
Decisions regarding administrative fines are also not entered into the criminal record.
We receive very frequent questions regarding how to delete a criminal record. The steps to be taken in this regard are as follows;
How a criminal record is deleted is regulated in Article 9 of the Criminal Record Law and Article 11 of the Criminal Record Regulation. Accordingly, a criminal record is deleted in cases of the completion of the sentence or security measures, withdrawal of the complaint, effective remorse that completely eliminates the penalty, the expiration of the statute of limitations for the sentence, general amnesty, or death.
In the presence of these circumstances, the relevant information in the criminal record is deleted by the General Directorate of Criminal Records and Statistics and transferred to the criminal archive record. The criminal archive record is the name given to the system where judicial information regarding sentences whose execution has been completed and fulfilled is kept.
As we mentioned, upon the fulfillment of sentences, the information in the criminal record should be directly transferred to the criminal archive record. However, in practice, there are some changes due to workload. For this reason, once the individual has fulfilled their sentence, they must apply by submitting a petition to the General Directorate of Criminal Records and Statistics in Ankara to request the deletion of their criminal record. The documents regarding the application must be submitted in full. Otherwise, the criminal record cannot be deleted. The criminal record of a person whose application documents are complete is deleted and transferred to the archive record. The application can be made by the relevant person themselves, or by their attorney if the power of attorney granted to the attorney clearly includes the authority to "delete the criminal record."
Attorney Gizem GONCE & Trainee Attorney İlayda KORUDAĞ