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Criminal records and archive records are the official reflection, within the State's records, of the convictions individuals have received in the past. However, these records matter not only in criminal law; they arise in many areas, from job applications to public services, from visa procedures to security investigations. That an individual who has served their sentence or been exonerated should be restricted for life because of these records conflicts with the principles of justice and the rule of law. For this reason, the question of under what conditions and how criminal records and archive records can be erased is extremely important. In this article, we address the legal framework and the application routes for this process in all their aspects.
Within the scope of criminal law, the recording by public authorities of the convictions that individuals receive as a result of acts constituting offences is one of the most fundamental practices of modern legal systems. In Türkiye, this recording system is regulated under the Law on Criminal Records No. 5352 and provides that information on a person's criminal history is to be kept in accordance with certain rules and, where necessary, erased.
The criminal record system is an integral part of the criminal justice mechanism and ensures that the final convictions of individuals handed down by criminal courts are recorded in a central database. These records serve to ensure public security, to increase the effectiveness of judicial decisions and to prevent repeat offending. However, this system may have consequences that profoundly affect the future lives of individuals who have served their sentences or been acquitted.
In line with the principle of reintegrating the individual into society after the execution of the sentence, retaining criminal records and archive records indefinitely conflicts with the individual's rights and freedoms. In line with this principle, the relevant records should not be permanent in nature. A delicate balance must be maintained in relation to criminal records and archive records, both with regard to the individual's constitutional rights and society's need for security.
What Are Criminal Records and Archive Records?
Criminal Record
A criminal record is the record in which the final convictions handed down against an individual by criminal courts are kept in a central system. Pursuant to Article 4 of the Law on Criminal Records No. 5352, these records are created and maintained by the General Directorate of Criminal Records and Statistics.
Only final criminal convictions appear in the criminal record. Decisions such as the deferral of the announcement of the verdict (HAGB), acquittal, limitation of the sentence or suspension of the sentence are not entered directly in the criminal record. However, how these decisions are treated differs in the archive records.
Archive Record
Even when a criminal record is erased from the system, the relevant information is not destroyed entirely; it continues to be held in the system under the name “archive record”. These records are closed to general access and may be examined only under certain conditions, within the scope of Article 12 of the Law on Criminal Records, by public institutions, judicial authorities and security units. Although archive records do not directly affect an individual's daily life, they may constitute an obstacle for the individual, particularly in security investigations, public offices or procedures abroad.
How Are Criminal Records and Archive Records Erased?
Erasure of the Criminal Record
For a criminal record to be erased, the execution of the judgment must have been completed. In other words, if there is a prison sentence, it must have been served, and if there is a fine, it must have been paid. If the prison sentence has been suspended, the suspension period must have expired. Where the circumstances and conditions are met, the criminal record is erased automatically. However, because of the workload of the institution and the large number of records, applying by petition will be a faster route. Upon a written application, the criminal record is erased by the General Directorate of Criminal Records and Statistics and moved to the archive record.
Legal Framework
The principles for the erasure of criminal records are set out in Article 9 of Law No. 5352. Accordingly, criminal records are removed from the system, ex officio or upon request, when the following conditions are met:
Completion of the execution of the sentence or security measure,
Withdrawal of the complaint or effective repentance, which eliminates the criminal conviction with all its consequences,
Expiry of the limitation period for the sentence,
General amnesty,
Death of the person concerned,
In respect of Turkish citizens, convictions to custodial sentences handed down by foreign courts and entered in the criminal record as required by law, once the period stated in the conviction has elapsed from the date on which they became final.
Completion of Execution and Automatic Erasure
After the execution of the relevant sentence has been completed, the General Directorate of Criminal Records and Statistics removes the relevant record from the system. Although this process is in most cases carried out automatically, owing to system errors or workload the erasure process may be initiated at the individual's request.
Deferral of the Announcement of the Verdict (HAGB)
A HAGB decision, regulated in Article 231 of the Code of Criminal Procedure No. 5271, means that the judgment given by the court is deferred without producing legal effects against the defendant. In this case, the judgment is not announced in respect of the person, and if the person does not commit a new offence during the probation period (generally 5 years), the case lapses. Although a HAGB decision is not reflected in the criminal record, it continues to appear in the archive record for a certain period. Once this period has been completed without incident, it is also possible for the archive record to be erased.
Erasure of the Archive Record
Legal Framework
Article 12 of Law No. 5352 determines when and how archive records are to be erased. Under this provision:
Upon the death of the person,
Upon the declaration of a general or special amnesty,
Upon the lapse of fifteen years, provided that a court decision on the restoration of prohibited rights has been obtained, or upon the lapse of thirty years without any requirement for a court decision,
In respect of other convictions, upon the lapse of five years from the date on which the conditions for moving the record to the archive were met,
Where the act is decriminalised by law, the criminal record and archive records relating to conviction for that offence,
Where an acquittal, or a decision that no penalty is to be imposed, rendered as a result of reversal in the interest of the law or a retrial becomes final, the records relating to the previous conviction are erased.
Restoration of Prohibited Rights
Prohibited rights are the rights that are denied to a person as a result of a conviction (for example, the right to enter public service, the right to vote and to stand for election, and parental custody rights). Within the scope of Article 53 of the Turkish Penal Code No. 5237, these rights may be restored by court decision. One of the important legal tools in the erasure of criminal archive records is the restoration of prohibited rights. This decision enables persons whose sentences have been executed to regain certain rights they have lost (for example, entering public service, standing for election and obtaining a firearms licence).
In general, persons who are found not to have committed a new offence for three years after the execution of the sentence and to be of good conduct may apply to the court and request the restoration of these rights. However, if the execution has ended for a reason other than a general amnesty or effective repentance, this period is applied as five years and must be at least longer than the period calculated by adding three years to the length of the prison sentence. The court's decision on the restoration of prohibited rights opens the way for the recovery of rights and is of great importance in enabling the individual to be freed of their past and to take part in social life on more equal terms.
Application Procedure for the Erasure of a Criminal Record
To have a criminal record erased, you should first check whether you meet the necessary conditions. If you do, although some erasures are carried out ex officio, you can request the erasure of criminal records and archive records by application.
A number of documents are required for an application for the erasure of a criminal record. Although these documents vary from person to person, they generally consist of the application petition, a photocopy of the identity card, and, where necessary, the court decision or documents showing that sentences imposed within a certain period have ended. Having these documents complete will speed up the conclusion of your application.
Applications may be made by written petition, in person or through an attorney, to the General Directorate of Criminal Records and Statistics. The petition must be accompanied by the information and documents that form the basis for the erasure request. For the application, you do not need to be in the province or district where the court that imposed the sentence entered in the criminal record is located. You can complete your application by submitting a petition to the Criminal Records Directorate located in courthouses.
In addition, applications for the correction and erasure of criminal records can now be made through e-Devlet. Thanks to this facility, applications can be made more easily and quickly. In order to apply through e-Devlet, you must first complete the criminal record erasure application form on e-Devlet and have the requested documents ready. The application is processed on the same day. During this process, the authorities may request additional documents. The results can also be viewed through e-Devlet. Although this process may vary depending on the status of the application, a criminal record erasure carried out through e-Devlet is generally concluded within 30 days.
Assessment and Conclusion
The erasure of criminal records and archive records does not merely allow an individual's past to be forgotten; it also facilitates their resocialisation and their participation in economic life. In other words, the erasure of criminal records and archive records is not merely a legal corrective measure but also a policy of social rehabilitation. The aim of reintegrating the individual into society upon the execution of the sentence, which is among the fundamental principles of law, forms the foundation of these provisions.
Although the current system provides for the erasure of records, it is observed that, owing to delays in practice, system errors and individuals' lack of awareness, these rights cannot be exercised sufficiently. Within the framework of the rule of law, both raising citizens' awareness and ensuring that the implementing institutions work more effectively are of great importance so that, after the execution of a sentence, an individual can build a “second life”.
