Erasure of Criminal Record

A criminal record, also known as a judicial record, consists of records kept by the state concerning crimes or offenses committed by citizens. These records contain information regarding citizens' finalized sentences and security measures. Criminal records can be accessed from criminal record directorates, district governorships, courthouses, or embassies. This information can be provided to the individual themselves or to their attorney/proxy. However, the power of attorney issued to the attorney/proxy must explicitly state the authority to obtain a criminal record.

• Finalized conviction decisions
• Information regarding the execution of the conviction decision
• Suspended prison sentences
• Judicial fines
• Alternative sanctions
• Restrictions imposed on the exercise of certain rights
• Decision to revoke a driver's license
• Records pertaining to release by amnesty

Which Penalties Do Not Appear on a Criminal Record Certificate?

For committed offenses to appear on a criminal record, the judicial proceedings must be concluded, meaning the decision must be finalized. An offense committed while judicial proceedings are ongoing will not appear on the criminal record. Even if the local court has rendered a conviction decision, the offense will not be recorded in the criminal record if an appeal (istinaf) has been filed.

Decisions on the deferral of the announcement of the verdict (HAGB) also do not appear on the criminal record. Disciplinary penalties and administrative fines are also not recorded in the criminal record.

What is a Criminal Record Archive Entry?

A criminal record archive entry is the archive to which criminal records are transferred when a given sentence is executed or otherwise removed for other reasons. The erasure of a criminal record generally refers to the erasure of archive entries. Therefore, the conditions we will outline below pertain to the erasure of archive entries.

What are the Conditions for Erasing a Criminal Record?

The conditions for erasing a criminal record from the criminal record archives are as follows:

• For those convicted of imprisonment for one year or more, or aggravated imprisonment, excluding negligent offenses; as well as those convicted of ignominious offenses such as embezzlement, defalcation, malfeasance, bribery, theft, fraud, forgery, breach of trust, fraudulent bankruptcy, etc., smuggling, bid rigging and manipulation of public procurement, disclosure of state secrets, participation in terrorist acts, and incitement or encouragement of such acts; and those whose convictions under laws other than the Turkish Penal Code result in a deprivation of rights, their criminal record archive entry shall be erased 15 years after a decision for the restoration of prohibited rights is obtained, or 30 years later if such a decision is not obtained.
• For convictions other than the offenses mentioned above, the record shall be erased five years after the date on which the conditions for archiving the record arose.

Generally, if you have received a sentence of more than one year for an intentionally committed offense, long periods of 15 and 30 years must elapse. If you have committed a negligent offense, received a pecuniary penalty, or a prison sentence of less than one year, you may apply for the erasure of your criminal record after 5 years have passed since the execution of the sentence.

How to Obtain a Decision for the Restoration of Prohibited Rights?

If you have committed one of the offenses mentioned in the first item above, a decision for the restoration of prohibited rights must be obtained for the archive entry to be erased in 15 years. For a decision on the restoration of prohibited rights:

• A period of three years must have elapsed since the date of completion of the execution of the sentence in question,
• During this three-year period, the convicted person must not have committed a new offense, and a positive opinion must be formed by the court regarding their good conduct of life.

These are the general conditions. However, if the sentence in question has ended for a reason other than general amnesty or effective repentance, five years must have passed since the date the sentence became final for the restoration of prohibited rights.

For the restoration of prohibited rights, the convicted person or their attorney/proxy must submit the request to the court that rendered the judgment or to a court of the same degree located in the convicted person's place of residence, and obtain a decision from one of these courts. Thus, there is an optional right regarding jurisdiction here. A decision regarding the restoration of prohibited rights can be obtained from either court. The court may render its decision on this matter by reviewing the file or by hearing the public prosecutor and the convicted person.

To erase criminal and archive records, you must obtain a “Decision for the Restoration of Prohibited Rights” from the competent court and then apply to the General Directorate of Criminal Records and Statistics with a petition for the erasure of archive records, accompanied by this decision. There is no need for an additional application to the court for the erasure of the criminal record and the criminal record archive entry.

Can a Criminal Record Be Obtained from E-Devlet?

Previously, criminal records could only be accessed from criminal record directorates, district governorships, courthouses, or embassies. To prevent congestion, the possibility of accessing these records via E-Devlet has been introduced.

Can Someone with a Criminal Record Be Employed?

Individuals with an offense on their criminal record often face difficulties in gaining employment in public and security institutions. However, if they apply for a job in a private institution, they may be employed at the discretion of the institution.

Is a Judicial Fine Erased from the Record After Payment?

If an individual who has been issued a judicial fine pays this fine, their sentence is considered executed. In this case, the criminal record is erased, but an additional 5 years must pass for the archive entry to be erased.

Sample Petition for Criminal Record Erasure

When the periods specified above have elapsed for the erasure of the criminal record archive entry, you can apply to the General Directorate of Criminal Records and Statistics by filling out the petition below. Application is also possible via registered mail with return receipt. It will suffice to send the petition to the address of the General Directorate of Criminal Records and Statistics: “Devlet Mahallesi, Vekaletler Caddesi, 06420 Çankaya/Ankara”.

TO THE GENERAL DIRECTORATE OF CRIMINAL RECORDS AND STATISTICS

I respectfully submit and request the erasure of my criminal/judicial/archive record.

…. / …. / …..

Name and Surname

Signature

Identity Information:

Turkish ID No. : ………………………………………….………………………..

Name : ……………………………………………………………….

Surname : ………………………………………….………………………..

Mother's Name : ………………………………………….………………………..

Father's Name : ………………………………………….………………………..

Place of Birth : ………………………………………….………………………..

Date of Birth : ………………………………………….………………………..

Contact Information

Phone : …………………………………………………………………

(Please provide your phone number if you request information via SMS.)

Address : …………………………………………………………………

………………………………………………………………….

Note:

A photocopy of your identity card or driver's license, and if available, a sample of your criminal record (if you possess one), must be attached to the application petition.

Av. Mehmet Yücesoy

İzmir Attorney & Legal Consultancy