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30/04/2022

Deletion of the Criminal Record

Rabia Ekşi Uncategorized @tr alanya, antalya, law, lawyer, mahmutlar

What is the Criminal Record ?

The system in which information about criminal and security measures is recorded and processed about persons on the basis of a finalized court decision is called the “judicial register”. The criminal record can be described as the criminal record of a citizen maintained within the state. The criminal record is also popularly called Decriminalization.

A court decision must be finalized in order for the sanction of a punishment or security measure imposed for any crime committed by a person to be entered into the criminal record. Court decisions that are not finalized are not recorded in the judicial register.

As a rule, every conviction decision that includes the sanction of a criminal or security measure is recorded in the judicial register. However, if the court has decided to withdraw the disclosure of the provision (HAGB), this decision cannot be entered into the judicial register. The decisions of the HAGB are not technically considered convictions. Therefore, they are registered in a separate system.

What information is processed in the judicial register?

1- Decisions on convictions for imprisonment are recorded in the judicial register. If a person has been released on parole / conditional release for a certain period of time after being placed in prison due to imprisonment, the decision on conditional release (release) is also recorded in the judicial register. The decision on extending the supervision period for conditional release and revoking the decision on conditional release is also recorded in the judicial register.

2- If a person has completed the execution of the prison sentence he has been convicted of, the information that the execution of the prison sentence has been completed is also included in the judicial register.

3- If the prison sentence has been postponed, the period of supervision to which the person is subject should also include information that the sentence has been postponed, as well as the period of supervision. In addition, the fact that the punishment will be considered executed if the audit period is passed in accordance with the obligations and in good faith is also recorded in the judicial register. If a suspended prison sentence has been decided to be served in an execution institution for non-compliance with the obligations of the inspection period, this decision is also recorded in the judicial register.

4- Information about the provision of a Judicial Fine conviction is also processed in the judicial register. If a judicial fine has been paid, the fact that it has been executed by payment, if the judicial fine has not been paid, the fact that it has been executed partially or completely by force majeure if the judicial fine has not been paid is recorded in the judicial register.

5- In case of conviction for short-term imprisonment or sanction, the decision on this is included in the judicial register.

6- The decision to prohibit the exercise of a certain right and authority or the performance of a certain profession or art, or to revoke the driver’s license, made in connection with an exceptional case or conviction provision on deprivation of certain rights, is also recorded in the judicial register.

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