Criminal record or police clearance can be defined as a registration system which aims to keep the records of crimes committed by people. Keeping criminal records correctly and laying the conditions of deletion in the law is quite important due to its effects on society.
For instance, police clearance is often asked on the job and visa applications, also most of the associations and foundations require a criminal record for membership. Therefore, in order to prevent lifelong labeling, conditions of deletion were presented in the law.
In this context, the entire information on criminal records including the verdicts of both Turkish and legally recognized foreign judicial authorities about Turkish citizens and the records of foreigners who committed a crime in Turkey are kept by Ministry of Justice General Directorate of Criminal Records and Statistics in the central criminal record system. The criminal and archive records in the central criminal record system can be deleted if the necessary conditions are in order.
Another important matter is the decisions of deferment of the announcement of the verdict. These verdicts are not registered to the central criminal record system. They are registered to the different registry.
Which Verdicts or Information Are Registered to Criminal Record?
Regarding the Judicial Records Law number 5352, these information can be registered to the central criminal registry;
-Prison sentences and regarding the prison sentences the execution and probation,
-Deferment of the prison sentences and regarding this verdict the execution and removal of deferment,
-Judicial fines and regarding this verdict the information about completion of execution,
-The decisions concerning the turn of short time imprisonment convictions to alternate sanctions,
-On account of mental illness the rulings of security measures,
-The verdicts regarding amnesty or pardon,
-The verdicts regarding effective repentance or withdrawal of the complaint,
– The verdicts regarding the lapse of time[1]
What Are The Conditions of Deletion of Criminal Records?
The conditions of deletion of criminal records were laid out in the article 9 of the 5352 numbered Judicial Records Law. According to article 9 criminal records can be deleted due to these reasons;
-The completion of execution of punishment or security measures,
-The effective repentance or withdrawal of the complaint which removes criminal responsibility totally,
-Expiration of punishment time frame,
-Amnesty (general pardon)
If there are any of the reasons listed above criminal records will be deleted and archived by the General Directorate of Criminal Records and Statistics. Also, a person’s death results in the deletion of criminal records. With the new legislation, it is projected that if any action decriminalized by law criminal records regarding that action will be deleted without request.
Can Verdicts Given By Foreign Judicial Authorities Be Registered To The Criminal Record?
If conviction decisions on Turkish citizens given by foreign judicial authorities cause the deprivation of rights in terms of Turkish law with the request of the public prosecutor’s office court rules on the deprivation of rights. Only this matter registered to the criminal record. In other words, court rulings are not registered to the criminal records.
Is Punitive Fine Registered To Criminal Record?
Due to the article 4/c of 5352 numbered Judicial Records Law punitive fines are registered to criminal records.
What Are The Conditions Of Deletion Of Archive Records?
According to the Judicial Records Law number 5352 if there is any reason that requires deletion of criminal records, criminal records will be deleted and archived. As criminal records archive records can be deleted under certain conditions which were presented in the article 12 of Judicial Records Law number 5352. These conditions are;
1.Death of the concerned person,
2.In terms of verdicts of conviction that causes the deprivation of rights in the laws besides article 76 of the Constitution and Turkish Criminal Law from the date that criminal record can be archived;
-After fifteen years with the condition of getting a court decision on the reinstatement of prohibited rights,
-After thirty years without a court decision on the reinstatement of prohibited rights,
3.In terms of other verdicts of conviction starting from the time that records can be archived after five years, criminal records are deleted.
Status of Conviction for the Actions Decriminalized By the Law
If an action decriminalized by law any criminal or archive records regarding that action will be completely deleted without a request.
Status of Criminal Records after Decision of Acquittal by Supreme Court Examination
In case of validation of verdicts of the decisions of acquittal or judgment that there is no room for punishment which was made as a result of annulment for the sake of the law or retrial criminal and archive records will be completely deleted.
Status of Criminal Records Before 1 June 2005
The criminal records before 1 June 2005 were kept with regard to former Judicial Records Law number 3682. So the deletion of criminal and archive records regarding the crimes which were committed in that period were regulated with transition provision.
Accordingly, due to the provisional article 2 of Judicial Records Law number 5352, the criminal records regarding crimes which were committed before 1 June 2005 will be evaluated according to former Judicial Records Law number 3682. Also if any deletion conditions those records will be deleted. The criminal records which do not carry the conditions of deletion will be subjected to new Judicial Records Law number 5352.
How to Delete the Criminal Records According To Former Judicial Records Law number 3682?
The conditions of deletion were presented in the article 8 of the former Judicial Records Law number 3682. After the execution of punishment or quashing of the conviction;
1.In case of conviction due to the criminal misdemeanor or felony within one year,
2.Infamous crimes like embezzlement, extortion, bribery, theft, fraud, forgery, abuse of faith, fraudulent bankruptcy and prison sentences more severe than five years within ten years,
3.In case of five years or fewer prison sentences or heavy fine within five years,
4.For the crimes stated in the article b, if the convicted is younger than eighteen years old from the time he/she committed the crime within five years,
5.For the crimes stated in the article c, if the convicted is younger than eighteen years old from the time he/she committed the crime within two years,
If not convicted to same kind of crime as previously convicted or more severe conviction with the request of the concerning person or the public prosecutor’s office or the General Directorate of Criminal Records and Statistics, the court which gave the conviction verdict first place or the criminal court of the first instance which is located at the demandant’s residence can decide the deletion of criminal records. One copy of these decisions is sent to the General Directorate of Criminal Records and Statistics.
Conclusion
Consequently, the practice of not deleting certain crimes from the criminal records is changed with the new Judicial Records Law number 5352. So there are not any exception crimes that cannot be deleted from the criminal record. Also, the deletion of archive records was not possible when former Judicial Records Law number 3682 was in force. So with the new Judicial Records Law number 5352 archive records can be deleted and there are not any exception crimes which cannot be deleted from the criminal record as it did when former judicial records law was in effect.
[1] In Turkish Criminal Law, there are two lapses of time. First one is the lapse of time of opening a criminal hearing. The second one is after the start of the trial the lapse of time of concluding the hearing. Here the second one applies.
