Does the crime of robbery require a petition for criminal record expungement?
Based on the provisions of Clause 2 Article 70 of the Ciminal Code 2015 regarding automatic criminal record expungement:
The convicted person will automatically have their criminal record expunged if, from the time they have completed serving the main sentence or probation period, they have also completed serving any additional penalties, other decisions of the judgment, and have not committed any new offenses within the following periods:
- 1 year in the case of a warning, fine, non-custodial reform, or imprisonment but given a suspended sentence;- 2 years in the case of imprisonment up to 5 years;- ...
In the case where the convicted person is serving an additional penalty such as probation, residence ban, prohibition from holding certain positions, prohibition from practicing certain professions or doing certain jobs, deprivation of certain civil rights where the term is longer than the period specified at points a, b, and c of this clause, the term for automatic expungement will expire when the person completes the additional penalty.
- The convicted person will automatically have their criminal record expunged if, from the expiry of the statute of limitations for judgment enforcement, they have not committed any new offenses within the period specified in Clause 2 of this Article.
According to the information you have provided, you were sentenced to 3 years in prison for the crime of robbery. Therefore, if within 2 years from the completion of the main sentence, you have completed serving the additional penalties or other decisions of the judgment and have not committed any new offenses, your criminal record will be automatically expunged.
In the case of automatic expungement, you do not need to complete any procedures for expungement. The agency managing the judicial record database is responsible for updating the information regarding your criminal record status. Upon your request, they will issue a judicial record certificate confirming no criminal record if you meet the conditions for expungement.
Sincerely!
