How a criminal record affects life and career

A criminal record is a special legal status of a person that arises after a court conviction for a criminal offense. This status is accompanied by a number of legal consequences that have a significant impact on both personal life and professional activities. In this article, we will analyze the legal nature of a criminal …

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A criminal record is a special legal status of a person that arises after a court conviction for a criminal offense. This status is accompanied by a number of legal consequences that have a significant impact on both personal life and professional activities. In this article, we will analyze the legal nature of a criminal record, its main features and consequences provided for by Ukrainian law.

Regulatory framework

The concept, signs and consequences of a criminal record are regulated by the following legal acts:

  • The Constitution of Ukraine;
  • The Criminal Code of Ukraine (CCU);
  • The Criminal Procedure Code of Ukraine;
  • Resolution of the Plenum of the Supreme Court of Ukraine No. 16 dated December 26, 2003 “On the Practice of Application of Legislation on Expungement and Removal of Criminal Record by the Courts of Ukraine”.

These documents define the procedure for the occurrence, duration and conditions for the termination of a criminal record, as well as the legal restrictions it entails.

What is a criminal record?

According to Art. 88 of the CCU, a criminal record is a legal status of a person that lasts from the moment a court verdict of guilty enters into force until it is canceled by repayment or removal of the criminal record. A criminal record imposes a number of restrictions on a person that go beyond the punishment itself.

Signs of a criminal record include:

  • specific legal consequence of a person’s conviction;
  • time-limited nature (from the entry into force of the sentence to the expungement or removal of the conviction);
  • connection with a specific criminal offense;
  • adverse consequences for the person.

Criminal records are not established for criminal offenses, as they do not provide for punishment in the form of imprisonment or restriction of liberty.

Legal consequences of a criminal record

Consequences of a criminal record are divided into criminal law and general law.

Criminal and legal consequences

  1. Increased liability: A criminal record can be an aggravating circumstance when qualifying a new criminal offense (e.g., a repeat offense).
  2. Impact on the type and duration of punishment: A criminal record is taken into account when determining the sentence and when applying for parole.

General legal implications

  1. Restrictions on professional activities: Persons with a criminal record are prohibited from holding certain positions, such as prosecutor, judge, MP, lawyer, notary, etc.
  2. Restrictions on entrepreneurial activity: A criminal record may prohibit a person from registering as an entrepreneur in certain areas.
  3. Restrictions on traveling abroad: Those convicted of serious crimes often face a ban on traveling outside Ukraine.
  4. Denial of access to state secrets: Persons with a felony conviction cannot work in positions that require access to classified information.
  5. Loss of social benefits: A criminal record may result in the loss of government benefits or other social privileges.

Career implications

A criminal record limits employment opportunities in many areas, especially in the public sector. People with a criminal record often face discrimination in employment, even if they are formally eligible to hold a position. This applies to jobs in education, law enforcement, the judiciary, and other sensitive sectors.

In addition, a criminal record can affect a person’s reputation, which in turn negatively affects their business connections and career opportunities.

Repayment and expungement of a criminal record

A conviction is automatically expunged upon the expiration of the period specified by law, provided that the person has not committed a new crime. A conviction may be expunged by a court at the convicted person’s request if he or she has proven his or her reform.

It is important to understand that the expungement or removal of a criminal record not only eliminates its legal consequences, but also partially restores a person’s reputation.

A criminal record has a significant impact on a person’s life and career, creating legal and social restrictions. Awareness of the consequences of a criminal record is important for every citizen, as it can close the door to many opportunities. To avoid discrimination and ensure the reintegration of convicts into society, it is necessary to improve legislation and develop social adaptation programs.

Commentary by Yulia Nazarenko, lawyer at Strategic Advocacy

It is important to understand that the expungement or removal of a criminal record not only eliminates legal consequences, but also helps a person to partially restore his or her reputation and return to a full social life. That is why we advise persons with a criminal record to actively use the opportunities provided by law to expunge or remove it.

If you are facing similar problems, our team is ready to provide you with legal advice, help with the preparation of documents and representation in court.

 

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