A conviction for a crime carries with it a number of serious consequences, including the enforcement of the sentence imposed and the treatment of the offender as a convicted person. The latter is certified by a note in the convicted person’s criminal record. This note often leads to certain difficulties for the convicted person, such as the inability to find a job.
However, treating a person as convicted cannot continue indefinitely, precisely because it affects the life of the offender even after he has reformed and been re-educated to obey the law and good morals. That is why the law provides for the possibility of rehabilitation, the function of which is to erase the criminal record and cancel the consequences that the laws associate with the conviction itself in the future.
Practical problems, related to the inability to practice certain professions upon conviction for a crime
The most common inquiries to the law firm related to the application of legislation in the field of rehabilitation concern persons who were convicted a long time ago for a crime of a general nature, who have not committed any other criminal acts since then and wish to pursue a particular profession for which a clean criminal record is required by law. These professions include teachers and all educational staff, persons working with classified information, notaries, and private bailiffs.
With regard to the practice of these professions, the relevant laws stipulate that candidates must not have been convicted of intentional crimes of a general nature, regardless of rehabilitation. This legal wording raises the logical question “is this permissible?”, and the short answer is “No!”, but under certain conditions, which we will outline below.
Rehabilitation by right
Rehabilitation occurs automatically upon expiry of the period specified in the law, with the law also taking into account the type of punishment imposed.
Thus, if a person is given a suspended sentence, rehabilitation will occur automatically upon expiry of the probation period. However, this is only possible if the person has not committed another crime during this period that would activate their suspended sentence.
When a person is sentenced to imprisonment for up to three years or to probation, rehabilitation shall occur by operation of law if, within three years of the expiry of the sentence imposed (by conviction or reduced by work or pardon), no other crime punishable by imprisonment or other more severe punishment has been committed. Such a more severe punishment is life imprisonment and life imprisonment without parole.
Important! Rehabilitation under law cannot be applied to a person in relation to a person sentenced to deprivation of liberty for more than three a14> years or a more severe punishment. Such a person shall be subject only to rehabilitation under a court order. a25>.
When a person is sentenced jointly or separately to a fine, public censure, or deprivation of rights, the period for rehabilitation is one year from the completion of the sentence, during which no other crime of a general nature has been committed.
With regard to minors, rehabilitation occurs by operation of law if, within two years of the commission of the act, the minor has not been convicted of a crime. if within two years of serving the sentence, the person has not committed another crime of a general nature, for which he has been imposed a punishment deprivation of liberty. Unlike the above cases, here the law does not set requirements for the amount and type of the penalty imposed on the offender.
Important! If the person, convicted as a minor, has received a suspended sentence, then rehabilitation for this conviction shall occur upon expiration of the probationary period.
As can be seen, rehabilitation occurs after a certain period of time has elapsed since the sentence was served, during which time the person must not have committed a new crime. Is it possible, then, for rehabilitation to occur if the sentence has not been served and has expired due to the statute of limitations? The answer is yes.
Rehabilitation is also permissible in the case of an unfulfilled sentence whose enforceability has expired due to the statute of limitations. Rehabilitation of a convicted person who has not served the sentence imposed on them, the enforceability of which has expired due to the statute of limitations, may occur after the consecutive expiry of the statute of limitations for the enforcement of the sentence and the rehabilitation period. The starting point from which the rehabilitation period will begin to run is the expiry of the ordinary statute of limitations for the enforcement of the sentence, unless steps have been taken to suspend or interrupt the statute of limitations.
Important! Rehabilitation does not occur by right for a crime committed by an adult who has been rehabilitated once.
Important! If you commit a new crime, when determining the punishment for it, it is inadmissible for the court to take into account your previously expunged conviction, for which you have been rehabilitated.
Rehabilitation by law is incomplete. This means that it erases the conviction and cancels the future consequences that the laws associate with the conviction itself, unless the contrary is established by law or decree in some respect. Its effect is limited depending on whether the law or decree provides for the relevant restriction to apply regardless of the occurrence of rehabilitation.
Rehabilitation under judicial order
Rehabilitation ordered by a court is also incomplete. The nature of the crime committed (with the exception of crimes against peace and humanity) cannot be grounds for refusing rehabilitation if the conditions required by law are met.
Rehabilitation by court order is permissible when it has not occurred by operation of law and the other conditions laid down in the law are met, namely:
Three years have passed since the expiration of the sentence imposed by the conviction or reduced by work or pardon;
The person has not committed another crime punishable by imprisonment or a more severe penalty;
If, along with imprisonment, another lighter punishment has been imposed, the term of that other punishment must have expired (for example, when deprivation of rights or probation has been imposed), and if the other punishment is a fine, it must have been paid;
In the case of an intentional crime, the damage caused must be compensated;
The actor must have been of good character;
Important! The court may rehabilitate the convicted person and without a6> having repaired the damage caused by the crime, if there are for this valid reasons.
The proceedings for rehabilitation shall commence upon written request by the convicted person. Rehabilitation may be requested by the heirs of the convicted person after his/her death, if he had the right to it.
The court that handed down the sentence in the first instance is competent to examine the application. If the person has been convicted by several judgments from different courts, the court that imposed the most severe penalty shall have jurisdiction, and where the penalties are equally severe, the court that handed down the last judgment shall have jurisdiction.
It is advisable to consult an experienced criminal lawyer when filing the application, as if the application is not granted, a new application may be filed no earlier than one year after the court’s decision. Petkova Law Firm has a team of specialists in the field of criminal law who can assist you in preparing the necessary documentation for rehabilitation through the courts.
Complete rehabilitation
Important! Full rehabilitation not only does not apply to those convicted of crimes against peace and humanity, but is also not permissible for those convicted of serious crimes against the Republic.
In this case, no restrictions or deprivations should be imposed on the rehabilitated person. In this case, the conviction and its consequences are expunged regardless of the provisions of any other law or decree. It is precisely the possibility of applying this type of rehabilitation that justifies the inadmissibility of prohibiting a person from pursuing a particular profession if they have been convicted of a crime of a general nature, regardless of rehabilitation.
There are two prerequisites for full rehabilitation:
After serving the sentence or after the expiry of the probation period in the case of a suspended sentence or conditional early release, the convicted person must not have committed a new intentional crime of a general nature for which imprisonment is provided.
Important! The commission of a negligent crime or a crime of a private nature is not an obstacle to full rehabilitation.
The above requirement must be fulfilled for a period of time equal to the statute of limitations for the expiry of the imposed penalty. This period may not be less than 10 years if the imposed penalty is imprisonment for more than one year and its effective enforcement has been ordered.
The period for its occurrence begins to run from the serving of the sentence. In cases of conditional sentencing and conditional early release, the period runs from the day on which the probation period expired.
Here is why, if the conditions are in place for the occurrence of full rehabilitation, regardless of the provisions of the law or decree, the reference to the criminal record of the person shall contain the word “not convicted”, respectively shall contain there is no obstacle to taking up the desired position by him.
Thus, in cases where a person wishes to pursue a profession that requires authorization to work with classified information, such as a teacher, notary, or bailiff, but their criminal record shows their judicial past, despite the existence of the conditions for full rehabilitation, it is necessary to take appropriate legal action to expunge that judicial past.
Authors: Attorney. Silvia Petkova and Jr.. Attorney. Iveta Vuleva
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You can find more interesting topics related to legal relationships arising from the commission of crimes in the section “Criminal Law”.
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