Expungement and Removal of Criminal Records in Ukraine: Explained in Simple Terms

A person has a criminal record from the day a guilty verdict enters into legal force until the criminal record is expunged or removed (Article 88(1) of the Criminal Code of Ukraine (CC)). The Criminal Code therefore names two ways in which a criminal record ends: expungement, when the established period has passed, and removal, when a court ends the criminal record earlier. There are also other cases in which a person is deemed to have no criminal record — for example, after rehabilitation (Part 3 and Part 4 of Article 88); we do not cover them here.

Below are the expungement periods, how to count them, and when you can ask a court to remove a criminal record. We have discussed separately what a criminal record is in general — what a criminal record is and what its consequences are.

Expungement and removal: what is the difference

Both ways lead to the same result — the person no longer has a criminal record; the difference lies in the mechanism:

• Expungement occurs with the passage of time, if the person has not committed a new criminal offence during that period. Article 89 of the CC simply lists who is “deemed” to have no criminal record — no separate application or court decision on expungement as such is needed for this.
• Removal is early termination of a criminal record by a court on the petition of the person concerned. It is not available after every verdict, and not before a certain period has passed.

Expungement periods under Article 89 of the CC

The period depends on the type of punishment; for a fine — on its amount and the category of the crime, for imprisonment — on the category. We explain how to determine the category in the article on the classification of crimes by gravity. The following are deemed to have no criminal record:

• immediately after serving the sentence — persons convicted of a criminal misdemeanour (clause 2-1 of Article 89 of the CC), as well as military personnel who have served a service restriction or confinement in a disciplinary battalion, or were released early from these punishments, or served a sentence in a guardhouse instead of arrest (clause 4);
• after the probation period — persons released from serving a sentence on probation, if during the probation period they did not commit a new criminal offence and the release was not revoked on other grounds; a longer additional punishment postpones expungement until it has been served (clause 1). For pregnant women and women with children under seven years of age who were released on probation under Article 79 of the CC, one more condition applies: after the probation period, no decision has been taken to send them to serve the sentence (clause 2). For more detail, see the articles on criminal record after a suspended sentence and conditional punishment;
• 1 year — a main punishment in the form of a fine of no more than three thousand non-taxable minimum incomes of citizens, deprivation of the right to hold certain positions or engage in certain activities, community work or correctional work, probation supervision or arrest (clause 5);
• 2 years — restriction of liberty (clause 6);
• 3 years — imprisonment or a main punishment in the form of a fine for a minor crime (clause 7);
• 6 years — the same for a serious crime (clause 8);
• 8 years — the same for a particularly serious crime (clause 9).

For periods from one to eight years the condition is the same: not to commit a new criminal offence during the period.

For a main fine for a crime, Article 89 contains both criteria — the amount (up to three thousand minimum incomes — 1 year, clause 5) and the category of the crime (clauses 7–9). A fine within these limits falls under both clauses, and the article does not directly explain how to reconcile them — so the period for such a verdict should be checked separately.

Where the period is counted from: Article 90 of the CC

• General rule — from the day the main and additional punishment has been served (Article 90(1) of the CC).
• Early release or replacement of the punishment. If a person was released early from serving a sentence (for example, on conditional early release), the period is counted from the day of early release, and if the unserved part was replaced with a milder punishment — from the day that punishment was served (Article 90(3) and (4)).
• The verdict was not enforced. The time during which the verdict was not enforced counts towards the expungement period, provided the limitation period for enforcement was not interrupted; and if the verdict was never enforced, the criminal record is expunged once the limitation periods for its enforcement expire (Article 90(2)).
• A new offence. If the person commits a criminal offence again before the period ends, the running of the period is interrupted and calculated anew — separately for each offence, after the sentence for the last one has actually been served (Article 90(5)).

Removal of a criminal record by a court: Article 91 of the CC

A court may remove a criminal record before the expungement periods expire if all the conditions are met:

1. The person has served a sentence in the form of restriction of liberty or imprisonment (Article 91(1) of the CC). For other types of punishment, this article does not provide for early removal.
2. The person has proved their reform by exemplary behaviour and a conscientious attitude to work (the same part).
3. At least half of the expungement period has passed (Article 91(3)). For example, after restriction of liberty — no earlier than after one year, after imprisonment for a minor crime — no earlier than after one and a half years.
4. The person was convicted not of an intentional serious or particularly serious crime and not of a corruption criminal offence or a criminal offence related to corruption (Article 91(2)). For such verdicts only expungement remains, within the periods of Article 89 of the CC.

How the petition is considered

• Who and where. The question of removing a criminal record is considered by the court that passed the verdict, on the petition of the person concerned (Article 538(1) of the Criminal Procedure Code of Ukraine (CPC)).
• Time limit. The petition is considered by a judge sitting alone within ten days from the day it reaches the court (Article 539(3) of the CPC).
• Decision. The court issues a ruling that can be appealed in appeal proceedings (Article 539(6) of the CPC).
• After a refusal. If the ruling refusing the petition has entered into legal force, a repeat petition on the same issue will be considered no earlier than one year from the day the ruling was issued (Article 539(7) of the CPC).

The CPC (Articles 538–539) does not set out a list of documents for such a petition. Our advice: the court assesses behaviour and attitude to work, so attach what confirms them — for example, references from the place of work and residence.

Minors: shorter periods

For those who committed a criminal offence before the age of 18, special rules apply. They are deemed to have no criminal record (Article 108(2) of the CC):

• after completing a punishment not involving imprisonment;
• after imprisonment — after one year for a minor crime, after three years for a serious one and after five years for a particularly serious one, if they did not commit a new criminal offence during that time.

Early removal of a criminal record for them is allowed only after imprisonment for a serious or particularly serious crime committed before the age of 18 — on the grounds of Article 91(1) of the CC and no earlier than half of the period under Article 108(2): one and a half years from the day the sentence was served for a serious crime and two and a half years for a particularly serious one (Article 108(3) of the CC).

What changes after expungement or removal

After expungement or removal, the person is considered to have no criminal record. But some laws take into account the very fact of conviction, even when the criminal record has been expunged or removed — for example, for service in the police (Article 61(2)(2) of the Law of Ukraine “On the National Police”). For more detail, see the articles on professions and positions for which a criminal record is a legal obstacle and on the criminal record certificate.

An attorney can calculate the period in your situation or prepare a petition to remove your criminal record. What the service includes is described on the page attorney in a criminal case; to get in touch, see the page “Contacts”.

The provisions are cited as currently in force as of 13 October 2026.