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

What is a Criminal Record?

A criminal record is the legal status of a person found guilty of committing a crime by a court. This status begins once the court’s verdict comes into legal force (Article 88 of the Criminal Code of Ukraine).

Implications of Having a Criminal Record

A criminal record can lead to certain restrictions. For example, a person may be barred from working in government agencies, the police, or the prosecutor’s office, and may not be eligible to receive certain permits or licenses.

If a person with a criminal record commits a new crime:

• It is considered an aggravating circumstance (Clause 1, Part 1, Article 67 of the Criminal Code),

• Sometimes it is regarded as recidivism (Article 34 of the Criminal Code).

Nevertheless, a convicted person retains all human rights, except for those restricted by law or by the court’s verdict (Part 3, Article 63 of the Constitution of Ukraine).

Expungement of a Criminal Record — Automatic and Without a Court Decision

A criminal record is expunged automatically if the person does not commit any new crimes after serving their sentence. The timeframes for expungement are defined in Article 89 of the Criminal Code of Ukraine.

All time periods start from the moment the person has fully served both the main and any additional punishments (Article 90 of the Criminal Code). If a new crime is committed before the term ends, the countdown restarts.

For minors, the terms are shorter (Article 108 of the Criminal Code).

Main Expungement Periods

• Conditional release (Article 75) — after the probation period ends. If additional punishment lasts longer — after that is served.

• Women conditionally released (Article 79) — same rules apply.

• Military personnel with service restrictions, disciplinary battalion, or guardhouse — the record is removed immediately after serving or early release.

• Fine (up to 3,000 UAH base units), disqualification from holding positions, community/correctional work, or arrest — 1 year after all punishments are served.

• Restriction of liberty / imprisonment for minor crimes — 2 years.

• Imprisonment / fine for medium-severity crimes — 3 years.

• Imprisonment / fine for serious crimes — 6 years.

• Imprisonment / fine for particularly serious crimes — 8 years.

Removal of a Criminal Record — Sooner, but Only Through the Court

Unlike expungement, removal means early termination of the criminal record status. This is only possible through a court decision (Article 538 of the Criminal Procedure Code of Ukraine).

A petition can be filed by a person who:

• Has fully served their sentence,

• Can prove rehabilitation (typically by submitting character references, behavioral records, proof of damages paid, etc.).

Limitations apply:

Early removal is not allowed for persons convicted of:

• Intentional serious or particularly serious crimes,

• Corruption-related offenses (Part 2, Article 91 of the Criminal Code of Ukraine).

Why It’s Important to Eliminate a Criminal Record

After expungement or removal:

• The person is no longer legally considered to have a criminal record,

• They can apply for jobs without restrictions,

• They won’t face legal limitations tied to their past conviction,

• If they commit another crime, they will not be treated as someone with a prior record.

In short, their legal status is fully restored.

When You Need Legal Help

You should consult a lawyer if you want to:

• Understand when your criminal record will be expunged automatically,

• Check if you’re eligible for early removal and prepare a petition to the court.

Legal assistance can help avoid mistakes and improve your chances of a positive outcome.