What Are a Criminal Record and a Suspended Sentence: Legal Definitions and Consequences

A criminal record is one of the key legal consequences of holding a person criminally liable. It determines a person’s legal status after a conviction becomes final and affects a number of areas of life, including employment, the exercise of certain rights and opportunities, as well as the legal situation in the event of new offenses.

Issues regarding a criminal record, its establishment, duration, and termination are governed by the provisions of the Criminal Code of Ukraine, specifically Articles 88–91.

A criminal record is the legal status of a person who has been found guilty of committing a criminal offense by a final and binding court conviction. In accordance with Article 88 of the Criminal Code of Ukraine, such a person is considered to have a criminal record from the moment the conviction becomes final and binding until the criminal record is expunged in accordance with the procedure established by law.

A criminal record remains in effect throughout the entire period of serving the sentence, as well as after its completion—until it expires or is expunged. The periods for the expiration of a criminal record are specified in Article 89 of the Criminal Code of Ukraine, and the procedure for calculating them is set forth in Article 90 of the Code. In turn, expungement of a criminal record before the expiration of the established periods is possible by court decision in cases provided for by Article 91 of the Criminal Code of Ukraine.

It is important to distinguish between the period during which a criminal record exists and the actual serving of the sentence. Even after the sentence has been served, a person continues to be considered a convicted person for a period specified by law, which has independent legal consequences.

In practice, the concept of “conditional conviction” is often used, but current legislation does not contain such a term. Instead, the Criminal Code provides for the institution of release from serving a sentence with probation.

This mechanism entails that the court, having found the person guilty, imposes a sentence but exempts them from actually serving it, provided they comply with the established requirements during the probationary period. This mechanism is provided for in Article 75 of the Criminal Code of Ukraine and is applied taking into account the circumstances of the case, the personality of the offender, and the possibility of their rehabilitation without isolation from society.

Even in cases where a suspended sentence is imposed, the individual is considered to have a criminal record. Thus, a so-called “suspended sentence” effectively means having a criminal record without actually serving the sentence.

Having a criminal record, including one resulting from a suspended sentence, entails a number of legal consequences.

What are the consequences of a suspended conviction? First and foremost, it restricts the ability to hold certain positions specified by law, particularly in the civil service, law enforcement agencies, and activities that require a high level of professional integrity. A criminal record may also be taken into account when obtaining permits, licenses, and access to certain types of professional activities.

In addition, a criminal record affects a person’s legal status in the event of new criminal offenses, as it may be considered a mitigating factor that characterizes the individual and influences sentencing.

Compliance with the conditions of probation is of particular importance. In the event of a violation of these conditions or the commission of a new criminal offense, the court may revoke the conditional release and order the individual to serve the sentence in full.

A person subject to probation is required to fulfill the obligations imposed by the court. Pursuant to Article 76 of the Criminal Code of Ukraine, such obligations may include periodic registration with the competent authority, notification of a change of residence, restrictions on leaving Ukraine, and other requirements.

The Probation Service monitors compliance with these obligations.

A criminal record is also relevant in determining recidivism and may be considered by the court as a circumstance affecting the individualization of punishment in accordance with the general principles of criminal law.

Thus, a criminal record is an important legal institution that has a comprehensive impact on a person’s legal status. Even in the case of a suspended sentence, a person is not relieved of their status as a convicted individual but merely gains the opportunity to avoid actual imprisonment provided they comply with the requirements established by law.