Adli Sicil Kaydı ve Arşiv Kaydının Silinmesi (Altyazılı)

Berkay KARAKAŞ, one of our attorneys, explains the details in the video. ✍🏼 ⚖️ Related Link: https://www.turkiye.gov.tr/adalet-adl... 00:00 Introduction 00:42 What are Criminal Records and Archive Records? Briefly, if we examine what criminal records and archive records are, there are essentially two types of records under the criminal record: criminal records and archive records. *Criminal Records:* This refers to the record from the time a person is sentenced by the court while they are still serving their sentence. *Archival Records:* This is the record kept after the sentence is completed. These two types of records contain the same data but represent different stages of the sentence. 01:08 Which crimes are recorded in the criminal record? The finalized sentences imposed by the court are recorded on the criminal record. These penalties include prison sentences, fines, and probation. The following crimes may appear on the criminal record: Serious crimes such as premeditated murder, sexual assault, and drug trafficking, Crimes against property such as fraud and theft, Certain serious traffic offenses. 01:39 What is required for a criminal record to be expunged? The following conditions must be met for a criminal record to be expunged: ... After the completion of the sentence, the criminal record is transferred to the *archive record* and is kept there for a certain period of time. This process erases the criminal record from official records. However, the record does not disappear completely; it is kept in the archives. While normally, expunging a criminal record after the sentence has been served should be automatic, that is, ex officio. In practice, this is often not the case. We will discuss what individuals need to do to have their criminal records erased in the following sections of our video. 02:46 How is an archive record deleted? A criminal record contains personal information about an individual. It is often used by public institutions and organizations. Deleting an archive record is more complex than a criminal record and requires additional requirements. The following conditions are required for an archive record to be erased: *Recovery of prohibited (immune) rights:* The individual must regain their prohibited rights following their sentence. *A certain period of time has passed since the sentence was served:* Generally, five years must have passed since the sentence was served. It should be noted that, as an exception, a longer period may be required for certain crimes. *Completion of the supervision period for HAGB (Suspension of Pronouncement of Sentence) decisions:* The supervision period must be successfully completed for decisions issued under the HAGB to be erased. 03:34 How are HAGB decisions entered into the record? A suspension of sentence (HAGB) is a court order that applies when a sentence is not executed. HAGB decisions are not recorded in the criminal record record, but are kept in the archive record. After successfully completing the HAGB, the archive record can be deleted. 03:58 How to apply for the deletion of a criminal record? Criminal record deletion processes can now be completed through *e-Government**. While applications used to be made with a written petition to the General Directorate of Criminal Records and Statistics, applications can now be easily made digitally. You can apply for the deletion of your criminal record through **e-Government* and track the results on the same platform. However, applying for an archive record still requires submitting a written petition to the relevant authorities. We will discuss this in detail in the following sections of the video. 04:47 How to apply for the deletion of an archive record? Crimes and penalties that meet the conditions for expungement from a criminal record are archived, either ex officio or upon the individual's application, as explained above. Archived criminal records are encountered in many legal processes, such as gun licenses, visas, and job applications with public institutions and organizations. ... Periods of 5, 15, and 30 years are common. Furthermore, the nature of these periods can vary not only under the Criminal Records Law but also under special laws such as the Insurance Law and the Turkish Commercial Code. To have your archived record expunged, you must first submit a petition to the General Directorate of Criminal Records and Statistics. In your petition, you must specifically state if you meet the conditions for expungement. .... During this process, the steps you must take to expunge your archived record include accurately and completely preparing your petition, submitting all supporting documents, and pursuing a legal appeal in the event of a rejection. Therefore, it would be beneficial to work with a legal professional throughout the process. #judicialrecord #archiverecord #hagbdecision #recordcleaning #recordclearancepress #cr...