Erasing the Traces of the Past: How Are Criminal Records and Archive Records Deleted?

Once the conditions laid down by statute are met, a final conviction may be removed from the criminal record and transferred to the archive record. This article explains the difference between the criminal record and the archive record, and when and how a record is transferred to the archive.

The difference between the criminal record and the archive record

The criminal record, known in everyday language as the "record of previous convictions", is the official register in which final convictions are entered under Criminal Records Law No. 5352. It contains the details of the conviction (the offence, the sentence imposed, the date on which it became final) and may, as a rule, be seen in job applications or official procedures where a criminal record certificate is requested. The archive record, by contrast, is the form the entries take under Article 9 of the Criminal Records Law once the conditions laid down by statute have been met (the sentence has been served and a certain period has passed, forfeited rights have been restored, and so on), when they are removed from the criminal record and transferred to a special archive. Unlike the criminal record, the archive record may be queried only in the limited cases specified by statute (for example, assessing repeat offending if a further offence is committed, or on a request by a court or prosecutor); it does not generally appear in the criminal record certificate given to third parties or employers.

Which records are transferred from the criminal record to the archive, and when?

Under Articles 9 and 10 of the Criminal Records Law, entries relating to final convictions are removed from the criminal record and placed in the archive record in the following cases:

• completion of the execution of the sentence or of the security measure;
• expiry of the limitation period for the sentence;
• a general amnesty;
• where the conviction relates to an act that has ceased to be an offence following a change in the law.

Information placed in the archive record is, as a rule, deleted from the archive too upon the person's death or once the periods laid down by statute have elapsed (as a rule, a certain number of years from completion of the sentence). Since those periods may vary according to the gravity of the offence and the nature of the sentence, when a particular conviction can be deleted entirely must be assessed case by case against the current legislation.

Restoration of forfeited rights

Certain types of conviction may deprive a person of particular rights (for example holding public office, voting and standing for election, or exercising parental authority). Such deprivations, regulated in Article 53 of the Turkish Criminal Code, may be lifted after a certain period through the institution of "restoration of forfeited rights". Unlike the deletion of the criminal record itself, this institution enables the person to regain specific rights lost as a result of the conviction; where the person demonstrates good conduct and the waiting periods laid down by statute have elapsed, a decision to that effect may be requested from the competent court.

How to apply for deletion of criminal and archive records

Deletion of criminal and archive records is as a rule carried out automatically by the General Directorate of Criminal Records and Statistics of the Ministry of Justice; in practice, however, where there are technical delays or erroneous entries, or where the person seeks an earlier correction, various legal avenues may be followed:

• Application to the General Directorate of Criminal Records and Statistics: an administrative application may be made directly where the entries are incorrect or the conditions for deletion have arisen.
• Application to the court: under Article 13/A of the Criminal Records Law, a person who considers that the conditions for deletion of the criminal and archive records have arisen may apply to the Chief Public Prosecutor's Office of the place where the record is held so that a decision may be obtained from the relevant court.
• Request for restoration of forfeited rights: a separate petition must be submitted to the relevant court in order to regain rights lost as a result of the conviction.

The petition must contain, in full, the date on which the conviction became final, the date of execution, any documents showing that the sentence has been served, and the person's identity details.

Common problems in the deletion process

• delays because the date of execution or the date on which the conviction became final does not appear clearly in the official records;
• the need for a separate assessment of each entry where there are several convictions from different courts;
• the fact that convictions handed down abroad or by a foreign court are reflected in the Turkish criminal record system under different procedures;
• failure, in an application for restoration of forfeited rights, to establish good conduct with concrete documents (for example an employment history or the absence of any other entry in the criminal record).

Conclusion

Criminal and archive records are sensitive entries that can directly affect a person's future working, educational and social life. Understanding correctly under what conditions and when these records are deleted, and how the restoration of forfeited rights operates, matters greatly if a person is to step out of the shadow of a past process. Support from a criminal lawyer is advisable so that the application is made to the right court with the right content and unnecessary delays are avoided.

This article is intended as general information and does not replace legal advice. We recommend consulting a lawyer about your particular situation.