“Criminal Record and Deletion Process: Detailed Guide and Important Information”

What is a Criminal Record?

The ”Criminal Record”, known as a “Sabıka Kaydı,” is a record kept by the General Directorate of Judicial Records and Statistics, under the Ministry of Justice. These records include finalized punishments and security measures. All convictions given by Turkish courts and recognized by Turkish Law from foreign courts are recorded in the criminal record. This includes finalized convictions and monetary penalties imposed by the court. The criminal record consists of two stages: the criminal record and the criminal record archive.

Accessing and Obtaining Criminal Records

You can access your criminal records by clicking this link. You can also access them via the judicial record departments at local courthouses. Additionally, they can be obtained from the district governor’s office and consulates. After the inquiry, you can choose where the document will be submitted.

You can select from various options, such as a firearm license, driver’s license application, village headman candidacy, or tender process, to create your record. With the official option, the criminal record is created along with the archive record, while with the special option, only the criminal record is obtained.

To obtain a criminal record, individuals must apply in person to the relevant places. To obtain a criminal record via proxy, the power of attorney must include specific authority.

Information to be recorded in the criminal record is specified in Law No. 5352 Judicial Records Law. This information includes conviction decisions regarding imprisonment, judicial fines, alternative sanctions to short-term imprisonment, and decisions related to deprivation of certain rights.

What Crimes are Recorded in the Criminal Record?

According to the Judicial Records Law, the crimes to be recorded in the criminal record are specified as follows:

– Finalized conviction decisions

– Information that the conviction decision has been executed

– Postponed imprisonment sentences

– Judicial fines

– Alternative sanctions

– Restrictions on the use of certain rights

– Decisions on the revocation of a driver’s license

– Records of being released with amnesty

Information Not Recorded in the Criminal Record

The information not to be recorded in the criminal record is specified in Article 5 of the same law. These include conviction decisions regarding disciplinary offenses and purely military offenses, decisions related to disciplinary or coercive imprisonment, and decisions related to administrative fines.

Suspension of the announcement of the verdict (HAGB) decisions are not recorded in the criminal record and archive record according to the Judicial Records Law. However, they can be recorded in a separate registry/book at the request of judges and prosecutors. Corrections can be applied for in case of an error.

Information Not Recorded in the Criminal Record

According to the Judicial Records Law, the information not to be recorded in the criminal record is as follows:

– Conviction decisions related to disciplinary offenses and purely military offenses

– Decisions related to disciplinary or coercive imprisonment

– Decisions related to administrative fines

Details of the Criminal Record Archive Deletion Process

The criminal record archive appears in many legal processes, such as firearm licenses, visa applications, and job applications in public institutions. Therefore, it is crucial to have the record deleted promptly.

The criminal record is deleted when the punishment or security measure is executed, the complaint that nullifies the criminal conviction is withdrawn, effective remorse, the statute of limitations for the sentence expires, a general amnesty is declared, or the person concerned dies. The process of deleting the criminal record is subject to various periods and conditions.

Depending on the crime and punishment the person is involved in, the time periods for the deletion of the archive record may vary between 5, 15, and 30 years. Also, these periods may vary in specific laws, such as the Insurance Law and the Turkish Commercial Code.

Furthermore, additional information and documents may be requested by the General Directorate during the application process.

 

Conditions for Deleting a Criminal Record

Information in the criminal record is deleted under the following conditions:

– Completion of the execution of the punishment or security measure

– Withdrawal of the complaint that nullifies the criminal conviction or effective remorse

– Expiration of the statute of limitations for the sentence

– In cases of general amnesty, the General Directorate of Judicial Records and Statistics deletes the record and archives it

– Court decisions regarding the legal consequences of finalized conviction decisions issued by foreign courts for Turkish citizens

– Conviction decisions regarding judicial fines and decisions on the suspension of sentences

 

Deletion of Criminal Record

 

Are Judicial Fines Recorded in the Criminal Record?

Judicial fines recorded in the criminal record can be listed as follows:

– Conviction decisions regarding judicial fines

– Execution of the judicial fine by payment

– Execution of the judicial fine through coercive imprisonment, partially or entirely

– Execution of the remaining part of the judicial fine by payment after coercive imprisonment

 

A judicial fine will be recorded in the criminal record like an imprisonment sentence. If the judicial fine is paid in installments, it is considered executed on the day the last installment is paid; if paid in full, it is considered executed on the day it is fully paid and will be deleted from the criminal record.

For records that are not automatically deleted, an application must be made to the General Directorate of Judicial Records and Statistics.

The deletion process of a record regarding a judicial fine varies according to the type of fine. If only a fine is imposed and no other restriction on rights is made, the fine is deleted within 1-2 months upon application with the document proving the fine’s payment.

However, if the record regarding the fine contains other restrictions on rights, in addition to the payment of the fine, a court decision restoring those rights is also required. Under these conditions, the deletion of the judicial fine depends on the court’s decision on the restoration of rights. Still, it is generally expected to be deleted within 2-3 months.

 

When is the Judicial Fine Deleted from the Record?

The process of deleting a record regarding a judicial fine varies according to the type of fine. If only a fine is imposed and no other restriction

on rights is made, the fine is deleted within 1-2 months upon application with the document proving the fine’s payment.

However, if the record regarding the fine contains other restrictions on rights, in addition to the payment of the fine, a court decision restoring those rights is also required. In this case, the deletion of the judicial fine depends on the court’s decision on the restoration of rights, but it is generally expected to be deleted within 2-3 months.

The amount of the judicial fine varies according to the person’s economic situation and the severity of the crime. The daily amount is determined at the judge’s discretion. Administrative fines are not recorded or registered in the criminal record.

 

Conditions for Deleting Drug-Related Criminal Record Archive

The question of deleting the criminal record for those convicted of drug-related crimes frequently arises. These individuals may face issues in many areas, including obtaining a driver’s license. For the criminal record to be deleted, the sentence imposed by the court must be completed.

However, to delete the archive record for drug-related crimes, 15 years must pass after the execution, and a court decision restoring rights must be obtained. During this process, the criminal record archive cannot be cleared unless the sentences are completed and a decision restoring rights is obtained.

 

How Long Does It Take to Delete a Criminal Record?

The deletion of the criminal record should be an automatic process, but sometimes this process may be delayed due to various impossibilities. Therefore, citizens or their lawyers should follow the procedures.

The deletion of the criminal record archive may take a little longer as it requires a decision restoring restricted rights. The duration of this decision varies from court to court. Once the decision restoring restricted rights is obtained, the process is almost the same as deleting the criminal record.

A citizen’s deletion of a criminal record may take 2-3 months. The provision of necessary documents, the calculation of periods, and the application to the institution are technical matters. Therefore, it is important for citizens to consider these periods.

A criminal record that has completed its execution, i.e., an application made to the General Directorate of Judicial Records and Statistics with the necessary documents, is generally deleted within 2 months.

In the case of probation, the specified periods must be completed. These processes are normally completed within 2 months, but the duration may vary depending on the court’s working style. The “C” in the criminal record indicates the court’s sentence, while “Y” indicates the date the sentence was completed. This information provides details on the type and completion status of the sentence in the criminal record.

 

Can a Person with a Criminal Record Get a Job?

Individuals with a criminal record may face some difficulties in finding a job. Both private and official institutions can easily access the criminal record through e-government, while public institutions often access the archive record. In this case, only those with an archive record can find jobs in private institutions, while those with a criminal record may face difficulties in finding jobs in both private and official institutions. Therefore, the process of deleting the criminal record should be initiated promptly.

 

Does a Criminal Record Prevent Public Employment?

Since the information in the criminal record includes punishments and security measures received by individuals, these records are checked during the recruitment process in public institutions and organizations. However, not all information in criminal records will be important for public employment. As known, a security investigation is conducted before a person becomes a public official, and it is investigated whether they have committed crimes that prevent public employment. In this context, the crimes that prevent public employment are specified in Article 42 of the Civil Servants Law No. 657. Information on other convictions recorded in the criminal record, which are not included in these crimes, will not prevent public employment.

 

Archive Record and Completion of Execution

The archive record is a record kept when the punishments are completed or executed. Completion of execution includes situations such as the end of imprisonment or the expiration of the postponement period. When these conditions are met, the information in the criminal record is transferred to the archive record. Deleting the criminal record archive may take longer than deleting the criminal record.

A decision restoring restricted rights must be obtained and finalized. If there is a finalized decision, the record can be deleted in a short time; otherwise, the period may take 1-2 months. A decision restoring restricted rights is granted three years after the execution of the sentence, provided that the person has not committed a crime and has led a well-behaved life. This decision lifts the restrictions on the person’s rights.

 

Sample Supreme Court Decision on Deleting a Criminal Record

Deletion of Criminal Record

4th Penal Chamber   2020/19886 E.  , 2021/524 K.

“Precedent Text”

DECISION

In the request letter, it is stated that “The request submitted by the convicted person, considering that Article 12/1(b) of the Judicial Records Law No. 5352, amended by Article 2 of the Law No. 6290 on Amendments to the Judicial Records Law and the Law on the Prevention of Violence and Irregularity in Sports, published in the Official Gazette dated 11/04/2012 and numbered 28261, and Article 2 of the provisional article of the said law, the deletion process of the archive records has been rearranged, and it is stipulated that the deletion process of the archive records will be carried out by the General Directorate of Judicial Records and Statistics as of 11/04/2012, it was not appropriate to decide as written without considering that the deletion process of the criminal and archive records should only be carried out by the General Directorate of Judicial Records and Statistics.”

(…)

Conclusion and Decision: It was decided unanimously on 13/01/2021, in line with the opinion in the notice prepared by the Chief Public Prosecutor’s Office of the Supreme Court in line with the

request for reversal for the benefit of the law,

1- The annulment of the additional decision of Mersin 3rd Criminal Court of Peace, dated 26/11/2018, and numbered 1990/391 main, 1990/1287 decision, regarding the offense of disobedience for not fulfilling the duty, pursuant to Article 309 of the Code of Criminal Procedure No. 5271,

2- Pursuant to Article 4-a of the same law, the completion of the subsequent procedures at the local level, and the submission of the file to the Chief Public Prosecutor’s Office of the Supreme Court for submission to the Ministry of Justice.