general information
In some cases, when job responsibilities have certain specifics, the employer has the right to request a list of documents, which will include a certificate of criminal record or lack thereof. In other cases, it is illegal to require it, and denial of a job may be considered discrimination.
It is necessary for concluding an employment contract between an employer and an employee, since the employer, with the exception of special cases, must be aware of the presence of a criminal record, especially with a category that has aggravating circumstances.
Appearance
sample certificate in .doc format (Word)
If an employer legally requires a certificate of criminal record or lack thereof, a sample form can be found at the Ministry of Internal Affairs, in the same place where this document is issued. That is, in every IC or police department where there is an IC.
Also, it is worth remembering that documents to receive it are submitted at the place of registration, and if this is not possible, then to the local police department. It has a general appearance for a criminal record or absence, unless there are special circumstances. In addition, certificates for working abroad require a special international seal.
If you have a criminal record
If you have a criminal record, you must have:
- Personal data of the citizen.
- Seal of the government agency.
- Signature of the head of the institution that issued this certificate.
- The line with and without must indicate that there is a criminal record that has been expunged or there is still a suspended sentence, and there will also be a record of all expunged convictions.
Without a criminal record
In the absence of a criminal record, everything on the certificate will be the same as with a criminal record, except that the line with a criminal record will have the entry “does not have.”
What troubles might lie in wait?
The first thing that catches your eye is the queue. Some for information, some just to ask, some for forms. The main thing is the same people. The same character who calmly waits for his time, and who stands and is nervous, gets irritated over trifles and thereby undermines the calm of others. All this is familiar to you and me.
So, this also awaits you at the police station, where you will come for a certificate. The queue may take a while, namely several hours. The fact that the submission of applications and the issuance of certificates occurs during working hours, then you will have to leave your workplace or business to complete this procedure.
The second problem you will encounter is filling out an application or questionnaire. In it you will need to provide a lot of information. I want to warn you that there have been cases when a person stood in line for several hours and did not receive his certificate. The whole point was that mistakes were made when filling out the application or questionnaire. So here you will need to be extremely careful.
Another difficulty to be aware of. This is not the professionalism of the people who work there. Very often they are: rude, don’t want to listen to you, impolite. When we encounter such an attitude, we begin to really regret that we turned to them for help. After all, at the moment they need help.
List of positions
The Labor Code of the Russian Federation contains a list of professions, or rather areas of activity, for which a certificate of criminal record or lack thereof is required.
This is due to the fact that in some cases, the presence of a criminal record or general problems with the law may interfere with the professional activities of a person, who will be prohibited from fully interacting with his professional activities.
For example, when working with children and teaching activities.
Here is a list of areas that have in their employment regulations a requirement for the absence of a criminal record and prosecution by law:
- The armed forces, that is, all people who have access to weapons and explosives, must necessarily not have criminal records that are not expunged, for example, a suspended sentence.
- Overseas work, including in foreign companies, that is, people who have the opportunity to escape criminal prosecution in the territory of one country.
- Teaching or cultural activities, that is, people who have direct contact with children.
- Medicine, that is, all health workers who have access to various medical substances, including potent ones, as well as pediatricians.
Also, specialists from the fuel and energy complex, as well as any employees of government agencies and structures, for example, bailiffs or customs service, need to provide a certificate.
Any person who works in an institution in direct contact with children and adolescents also needs to provide this person with a certificate of no criminal record, which has not been expunged or is completely absent.
What is a certificate of absence (presence) of a criminal record and why is it needed?
A certificate of no criminal record is one of the required documents when applying for a job.
Any prestigious company must have complete information about its employees. Few people would want to hire someone who has ever had problems with the law. The logbook for registering orders for personnel: a sample and step-by-step instructions for filling out are contained in our new publication at the link.
The state keeps records of all persons who have ever violated the law, therefore this document contains absolutely all criminal records, as well as all criminal cases ever initiated against a particular citizen. The document also indicates the grounds for initiating and terminating a criminal case, as well as the case number, criminal article and other details and data.
In addition, in the Russian Federation there is a law that obliges to confirm the absence of a criminal record. Today, the issuance of this certificate is a public service.
A certificate of no criminal record may be required for various reasons. Most often, it is necessary for people working in the field of legislation: lawyers, lawyers, judges, notaries, etc.
Recently, it has been demanded from people whose work is related to children: teachers, educators, nannies. This document may also be needed when adopting a child, when obtaining a permit to own a weapon, or when immigrating.
You can find out the procedure for calculating compensation for delayed payment of wages in the publication at the link.
What is a certificate of no criminal record?
List of documents to receive
When submitting a package of documents to any information center, which may be regional or located in the police department, the certificate must be issued within a month.
An incomplete package of documents is grounds for refusal of extradition; therefore, all necessary documents must be submitted immediately.
The complete list of documents that should be in the package list looks like this:
- Application for a request to issue a certificate of criminal record or lack thereof , it must contain exactly the details of the person who is submitting the request and needs the certificate, that is, all personal data are indicated and there is a personal signature.
- Photocopies of each page of the passport that proves identity. For citizens of the Russian Federation, photocopies of a Russian passport are required, and for foreign citizens, a passport of a foreign citizen, that is, a similar document that proves identity.
- When providing a photocopy of a passport of a citizen of another country , it is required to provide a photocopy that is certified by a notary.
- When issued to an authorized person, a power of attorney or a copy thereof is required, which is certified by a notary.
- If there is a fact of adoption, photocopies of all documents of this type are required, which are submitted by the adoptive parent if the certificate is required by a minor.
- Copies of actual guardianship or trusteeship ; in all cases of guardianship, documents are attached that confirm the fact of guardianship, and the documents are submitted by the person who receives the certificate for the one who is under his guardianship.
- Also, originals of all required documents are provided , including various additional certificates that may be required by the IC.
To obtain from a state-municipal body, you will need three more types of documents:
- A list of all verified persons who will be checked for criminal records.
- Consent of the person who requested the certificate to the processing of his personal data.
- Several documents that confirm the fact that the person requires this certificate.
For example, a copy of an employment application or an extract from an order of appointment to a position, which requires the absence of a criminal record or the presence of an expunged criminal record with restrictions under articles of the criminal code.
It is also possible to provide a copy of an application for registration of a person as an individual entrepreneur, who, in accordance with the legislation of the Russian Federation, cannot be a convicted person or have criminal prosecution.
Filling out an online application for a certificate
After the government services website has appeared, you can easily order it without leaving your home. To do this, you need to go to the website gosuslugi.ru and fill out an online application.
It will take no more than 30 days to process the received request; after receiving a positive response, the person can pick up a certificate at the department of the Ministry of Internal Affairs of his city at his place of residence. To do this, you only need to provide the original documents.
Algorithm of actions on how to order a certificate by filling out an online application:
- You need to go to the website gosuslugi.ru, and if you have not previously registered, then you need to create your own account.
- After authorization, you need to select the section called “Authorities”, it is located in the menu that displays a list of services.
- Then click on “Ministry of Internal Affairs”, various services provided appear, you need to click on the “Certificate of no criminal record” section. After selecting a service, you need to click the “Get service” button;
- If you have an electronic signature, you can easily use it on the site. You just need to put o. Next, download the installation file. If there is no signature, then skip this point and move on.
- The applicant's profile appears. You must indicate who you want to receive the certificate as (for yourself, as a legal representative, etc.), as well as the method for obtaining it. All other information, including the applicant’s passport data, is transferred automatically from the personal account.
- Then you should indicate the address of residence, if it does not coincide with the registration address, then the registration address is indicated. If general information, such as the applicant’s full name or region of residence, has changed, this must be indicated.
- Next, upload an electronic copy of the document that confirms your identity and provide information about the recipient of the request.
- Select the method of notification of the progress of the inspection and submit your application.
The electronic request is processed in approximately 10 days, after which a notification is sent containing information about where and when you can pick up the certificate. If you are refused, a corresponding document will be sent containing the mandatory reasons for the refusal to provide a public service.
Procedure
The correct procedure must be followed:
- Collection of documents.
- Providing all data and submitting an application.
- After one month, you will have a certificate in your hands, which applies to the place where it was requested from the person.
An application for the need for a certificate can be submitted:
- In the department of the Ministry of Internal Affairs.
- In the Information Center, which belongs to the Ministry of Internal Affairs.
- When abroad, at the Russian Foreign Ministry.
- At municipal information centers.
It is important to remember that the maximum number of copies that will be issued will be two. For a larger number of copies, you will have to collect a new package of documents, which will be the same as the previous one.
Upon receipt, you must pay the state fee, which will be indicated in the IC.
The concept of “no criminal record certificate”
A police clearance certificate can be obtained from the police department at your place of registration.
At some point, every person may need a certificate of good conduct. How successful this procedure will be depends on whether the person has a previous conviction or not. Now let’s figure out what this important document is.
Firstly, this is an official document that you can receive at your place of registration or residence at the police station. This certificate confirms that you are not a person under investigation. And secondly, this paper gives the right to a citizen of the country to freely cross the borders of foreign countries.
Validity
The issuance is made within 30 calendar days, after which from the moment of issuance it has time restrictions that are not indicated on it. This is due to the fact that different bodies and structures require different temporary updates for this type of certificate.
Main types of time periods of relevance:
- Guardianship and trusteeship have a time frame of one year.
- Basic certificates in Russia are valid for three months.
- When applying for a residence permit, different countries have different validity periods for a certificate of criminal record or lack thereof.
For example, in the EU the validity period of the specified document is 6 months, but in the USA it is only three, as is the case in the Russian Federation.
The usual validity period of this document is 3-6 months, but in some it can reach up to a year. When working abroad, the period can be absolutely any, since a residence permit and a work visa sometimes have different validity periods for the certificate.
Responsibility for counterfeiting
Responsibility for falsifying documents also extends to those who use them. This also occurs with the use and provision of a knowingly false criminal record certificate. The punishment in this case may be different. This can only be a fine or a real sentence.
The main penalties under the criminal code system are:
- you can receive a fine of 80 thousand rubles or the income of the convicted person for 6 months;
- compulsory work in the amount of 180 to 240 hours;
- correctional labor for up to 2 years;
- imprisonment for a term of 3 months to six months.
The forgery itself is usually punishable by imprisonment for up to 2 years, and in some cases up to 4 if there are aggravating circumstances.
For an employer, there is a clause in the labor code according to which he has the right to fire an employee who has provided false information about himself.
This includes providing a knowingly false document. In addition, it is required to be provided only in professional activities that actually have restrictions on criminal records, and therefore, after losing a job, a criminal case will be opened for using a deliberately false document.
