How to check if a person has a criminal record online?

If you hire a person, you will spend almost most of your life with him. And how do you know if he was convicted? What if he is registered in a mental hospital? After all, behind honest eyes there may be a monster hiding. It is not for nothing that the law so carefully protects these two personal secrets, to the detriment of the employer, of course.

Often, the desire to get a prestigious and highly paid job pushes job seekers to embellish their capabilities and achievements, while the dark pages of their past are naturally hidden. And unemployment pushes people to take such actions in order to be competitive in the labor market.

In this regard, of course, the employer’s desire to obtain the most complete information about the employee is understandable. He needs a full-fledged employee who will complete assigned tasks in a timely and high-quality manner, someone who can be entrusted with material assets, safety and people’s lives.

In their desire to obtain as much information as possible about a potential employee, they resort to a preliminary questionnaire of the candidate. At the same time, the questionnaire includes questions about the presence of a criminal record, including expunged information, and information about the state of health. The requirement for such information is contrary to Art. 65 of the Labor Code of the Russian Federation and Art. 23–24 of the Constitution of the Russian Federation.

Art. 65 of the Labor Code of the Russian Federation contains an exhaustive list of documents presented when concluding an employment contract, such as:

• passport or other identity document;
• employment history;
• Pension Fund card;
• military registration documents;
• a diploma or other document confirming education, qualifications or special knowledge;
• in some cases - a certificate of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitative grounds.

It is prohibited to require from a person applying for a job documents other than those provided for by the Labor Code of the Russian Federation, other federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation (Article 65 of the Labor Code of the Russian Federation).

It is also illegal to check the accuracy of the data provided and the authenticity of documents. In accordance with Art. 88 of the Labor Code of the Russian Federation, it is necessary to obtain his written consent for the transfer of an employee’s personal data. Art. 90 of the Labor Code of the Russian Federation for violation of the rules governing the receipt, processing and protection of employee personal data provides for civil, administrative and criminal liability (see the abbreviated list in the table).

In addition, for violation of labor legislation (since the requirement from a candidate when hiring for documents and information not provided for by labor legislation is such a violation) entails the imposition of an administrative fine on officials in the amount of 1,000 to 5,000 rubles.

For persons carrying out entrepreneurial activities without forming a legal entity - from 1000 to 5000 rubles or administrative suspension of activities for up to 90 days; for legal entities - from 30,000 to 50,000 rubles or administrative suspension of activities for up to 90 days (clause 1 of article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Is it possible to expunge a criminal record and when?

Almost every sixth resident of Russia has a criminal record, and according to the Federal Penitentiary Service, as of October 1, 2020, there are 434,303 convicts in colonies.

If you were also sentenced, you probably know Article 86 of the Criminal Code by heart. And yet we will repeat the materiel.

A person is considered to have a criminal record until the criminal record is removed or expunged. After this, a criminal record has no legal consequences , that is, it does not exist.

Criminal records vary:

• Current - the person is either still in prison or the statute of limitations has not passed
• Conditional - for those sentenced to probation
• Extinguished - the statute of limitations has passed
• Expunged - the statute of limitations has not passed, but the criminal record was expunged for good behavior or under an amnesty/pardon

If you are released from punishment at all, you are considered not to have been convicted.

I want to have my criminal record expunged as soon as possible. If your criminal record has been cleared or expunged, you can, with a clear conscience, indicate in your resume: “I have no criminal record.”

To have a criminal record expunged early, you must submit an application within a strictly established time frame. The condition is excellent behavior and/or compensation for the harm caused.

Excellent behavior does not mean that you have to carry old ladies across the road in batches. It is enough just not to attract the attention of the police.

When can you file a petition to expunge your criminal record:

• If the conviction is suspended - after half the probation period has expired
• If the punishment is more lenient than imprisonment - 6 months after execution of the sentence
• If the crime is minor or moderate - 18 months after serving the sentence
• If the crime is considered serious - after 4 years
• If the crime is particularly serious - 5 years after release

SB is watching you

Almost all employees of internal security services are former employees of internal affairs agencies who maintain connections with colleagues. Any law enforcement officer can find out whether a person has been convicted and even brought to administrative responsibility. Therefore, “breaking through” a person through their database is not difficult. However, such information is confidential and cannot be disclosed. The actions of the security service are illegal.

…it is illegal to check the accuracy of the data provided and the authenticity of documents. In accordance with Art. 88 of the Labor Code of the Russian Federation, it is necessary to obtain his written consent for the transfer of an employee’s personal data...

Similarly, information about whether a person has been or is currently registered with a psychoneurological and drug treatment institution is confidential.

According to Art. 9 of the Law of the Russian Federation of July 2, 1992 No. 3185–1 “On psychiatric care and guarantees of the rights of citizens during its provision” information about the presence of a mental disorder in a citizen, the facts of applying for psychiatric help and treatment in an institution providing such assistance, as well as other information about the state of mental health is a medical secret protected by law.

It is impossible for an ordinary person on the street to recognize her. Such information can be provided only at the request of a citizen or his legal representative about him personally, or can be issued at the request of the bodies of inquiry and investigation, the court in connection with an investigation or legal proceedings.

Of course, you can try to find out from a doctor you know who works in a specialized clinic. However, for disclosing medical confidentiality, medical and pharmaceutical workers may be subject to disciplinary, administrative or criminal liability, so there are few people willing to share medical confidentiality.

Education

Law - Art. 331 of the Labor Code - says that if a criminal record was obtained for crimes of minor and moderate gravity, a teacher can be allowed to work. True, you will have to obtain permission from the commission for minors’ affairs and protection of their rights.

It's sad: unless there is a desperate shortage of teachers, a candidate with any criminal record will most likely be rejected. Especially in large cities, the school administration is afraid of problems with parents.

If you want to work specifically at a school, write a convincing cover letter. You can switch to tutoring or teach via Skype.

Another option is to teach courses for adults. There are no such strict restrictions for working with them.

Is it possible to check with a passport?

The question often arises of how to determine a criminal record using a passport. Previously this was possible. However, with the change in the form of this document, the rules for putting various marks in them also changed. In this regard, the mark on the imposition of criminal punishment disappeared. Consequently, passport criminal record checks are not available today. To do this, you will have to resort to other methods and obtain information from other sources.

At the same time, it is often necessary to clarify how to find out passport data by full name. This is also unlikely to be possible, since the passport number and series, as well as other data in it, are confidential. The owner of the document can provide them if desired. However, there are no official online services or other methods for obtaining passport data by last name.

Using the Internet

The most convenient way to obtain any information today is considered to be online. Individuals can carry out many actions without leaving home - via the Internet, avoiding personal contact with various authorities. But you can’t check a person’s criminal record online using their passport. Such information is not provided by any verified service. However, there are many websites that offer such services, but the information they provide is usually not accurate.

How to find a job for a person with a criminal record

There is no money for my business, my criminal record has not been expunged . Frankly speaking, the situation is desperate. It all depends on you - either grit your teeth and endure, or completely lose control of life.

It's a hard time, yes. Your goal now is not to earn money, but to create a reputation. Agree to any job. Remember - impeccable behavior will help you have your criminal record expunged early.

There is still no money for my business, my criminal record has been cleared . There are already prospects. With a criminal record expunged, you can get a job. Yes - it’s possible.

Whether to indicate a criminal record on your resume is up to you. It depends where and what position you want to apply for. Most likely, positions with financial responsibility are closed to you. Place your bet on job vacancies, shift work, and remote work.

Our advice is not to write about a criminal record on your resume. Of course, if there is a long break in experience, you will have to tell the truth. But if the conviction was suspended, you can keep silent about it in your resume.

But at the interview you need to tell everything. When, what and for what. There is no need to lie or keep silent - before registration you will still be “run through the database”. A fake police clearance certificate will not help - on the contrary, they will be kicked out with a “wolf ticket” under Art. 81 Labor Code (providing false documents).

Try to turn a minus into a plus. Tell me what you understand, what you learned. You had experience - and it was very harsh. You are motivated to work and will appreciate it.

Freelancing and self-employment . If you have the starting conditions - a roof over your head, minimal savings and access to the Internet - you can try self-employment and freelancing. The Internet is needed to find customers.

If you can offer in-demand goods and services, try it. Taxes are minimal, and from 2020 they promise to extend the regime for self-employed throughout Russia.

Do repairs, dig up gardens, write texts, sew dolls, fix TVs, take photographs, organize events, write code, teach languages, bake cakes, walk dogs, babysit for your neighbor's grandmother - start small, the main thing is to start.

Legally bypass the law

So how can you get maximum information about an employee without breaking the law?

A military ID will tell you a lot about a potential male employee. You can safely ask the candidate about it, since according to the provisions of Art. 65 of the Labor Code of the Russian Federation, persons liable for military service, as well as persons subject to conscription for military service, are required to submit military registration documents to the employer when concluding an employment contract.

When hiring an applicant liable for military service, the employer must request a certificate of a citizen subject to conscription for military service, if the man is of military age (18–27 years) and is not in the reserve, or a military ID (temporary certificate issued in exchange for a military ID), if he reservist for military service.

If an employee is released from military service for any reason on a permanent or temporary basis (has a deferment), then a note about this is made in the military registration documents themselves.

If, when concluding an employment contract, the employee did not present military registration documents, the employer must inform the military commissariat about this (paragraph “d”, paragraph 30 and paragraph “a”, paragraph 31 of the Regulations on Military Registration).

The head of an organization that has not notified the military commissariat about the hiring of an employee of military age who has not presented a military ID may be held administratively liable in accordance with Art. 21.4 of the Code of the Russian Federation on Administrative Offences.

...the head of an organization that did not inform the military commissariat about the hiring of an employee of military age who did not present a military ID may be held administratively liable...

The military ID indicates the category of suitability for military service and the number of the illness list item (if any). Articles 14–19 are related to mental disorders and diseases of the nervous system. For example, code 18b speaks of moderately severe personality disorders with unstable compensation or already compensated, and more specifically:

• moderate forms of personality disorders, manifested by affective breakdowns, reactive states, and severity of vegetative reactions;
• transient (partial) personality disorders that do not reach the level of psychopathy, including those with persistent compensation of emotional-volitional and other pathological manifestations;
• infantile personality disorder;
• disorders of gender identity and sexual preference.

Of course, it may be that the candidate received a “bad” entry on his military ID in order to avoid conscription. However, this circumstance does not make the person beautiful. A serious organization would prefer not to hire a fraudster who has broken the law.

Thus, by studying a military ID, you can get an idea of ​​the personal qualities of its owner.

When hiring a foreign citizen, the presence of a work permit may mean the absence of a criminal record, or the Federal Migration Service is not aware of its existence.

According to paragraph 9 of Art. 18 of the Federal Law of July 25, 2002 No. 115?FZ “On the legal status of foreign citizens in the Russian Federation”, a work permit is not issued to a foreign citizen, and the issued work permit is canceled by the territorial body of the federal executive body in the field of migration, if this foreign citizen has an outstanding or unexpunged conviction for committing a grave or especially grave crime on the territory of the Russian Federation or abroad, recognized as such in accordance with federal law. However, work permits are not issued to drug addicts or those suffering from one of the infectious diseases that pose a danger to others.

Caught in the net

Currently, the legal search for collecting information about a person of interest is the Internet. By registering on various dating sites and social networks, everyone writes a dossier about themselves. Many of our merits, exploits and, conversely, mistakes and blunders are reflected in information messages from news services, official websites of government agencies, former and current employers. It is enough to use search services, come up with various combinations of keywords by name, email address, phone number and address.

There are masters of physiognomy who determine a person’s past by his face.

You should pay attention to unusual habits, fears, possibly causeless aggression, which may indirectly indicate an unhealthy mental state of a person.

Still, if a company needs a good employee, then it is better to ask him personally about his past.

Anna Menshikova, expert at Consultant magazine

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