How to have a conviction expunged from the criminal record

What is a criminal record and what does an entry in it mean

A criminal record is an official record that contains information about people who have been convicted of a criminal offence. It is kept and maintained by the Ministry of Justice. In practice, you will most often come across it when applying for a job. In this case, your prospective employer will ask you for an extract from your criminal record. So how can a criminal record affect you?

• Employment problems: As we have already announced, many employers require a criminal record as part of the hiring process and often outright require a clean criminal record. Therefore, a criminal record can negatively affect your chances of getting a job.
• Business problems: In many cases, you can get a trade even if you have a criminal record. But you are limited to some extent in this area. For example, some licensed trades can only be set up with a clean record.
• Visa and residence permit: Some countries may require a clean criminal record when applying for a visa or residence permit. A criminal record can close the door to your dream destination.

How to get a criminal record extract

As we said, your employer will most likely want a criminal record when you start a new job. So how do you get one? You have several options:

In person at Czech Point

Czech Points can be found at municipal offices, courts, notaries or, most easily, at branches of the Czech Post. When requesting a criminal record extract, you must present your ID card or, if you are requesting it for someone else, you must have a certified power of attorney.

You will be given a written request for a criminal record extract to sign, which must be kept by law, and you will pay an administrative fee of 100 crowns.

Online at the Citizen Portal

TheCitizen’s Portal is the easiest way to obtain a criminal record extract. It is not only easy, but also convenient and free. You can log in to the Citizen’s Portal using either your citizen’s identity or adata box.

You can use various methods to obtain a citizen’s identity. One of the simplest is to use a bank identity. In this case, you just need to have internet banking, where you confirm your login in the same way as when you confirm a payment on the internet.

You can log in from any device, but you must have JavaScript enabled in your browser to view the website properly.

Once you get to the Citizen Portal itself, you will see a list of services offered. You can either search these using the search bar or use the individual categories.

Once you have clicked on the Criminal Record Extract for individuals, just click on download and the extract will be downloaded automatically. Alternatively, you can tick individual boxes to request an extract from abroad, an extract in another language or a special criminal record extract due to regular and direct contact with your children. In this case, you will wait a while for your request to be processed and the statement will be sent to your email address.

When the criminal record is expunged

It’s not surprising that if you have a criminal record, you hope to have it expunged as soon as possible. Unfortunately, it won’t just happen. After all, expungement of a criminal record occurs after a set period of time and if certain conditions are met. Let’s take a look at exactly when and how:

Extinguishing a conviction automatically by law

Expungement from the criminal record occurs automatically by law after a certain period of time and after certain conditions have been met. The time limits and conditions vary according to the type of sentence.

The first such sentence is a suspended sentence or probation. This sentence means that the convicted person has been sentenced to a term of imprisonment but does not have to enter prison on condition that he or she complies with the rules laid down. Expungement from the register then occurs one year after the successful completion of the stipulated length of the sentence.

In the case of community service and prohibition of activity, the sentence is extinguished as soon as it ends.

It is also important to note that if a protective measure (e.g. protective treatment or precautionary detention) has been imposed on a convicted person, the criminal record cannot be erased until the protective measure has been terminated.

Extinguishment of a conviction by the President

An expungement can also occur if you receive a presidential pardon or if the President declares an amnesty. However, these are exceptional cases. If you would like to apply for a pardon. You must send a written request to the Office of the President. The request should include your personal details, a description of the offence for which you have been convicted and the reasons why you should be granted a pardon. You should also include relevant documents such as court decisions, medical reports or other evidence to support your request. There is no time limit for processing, so in this case you have no choice but to wait and hope.

Extinguishment of a conviction at the request of the convicted person

An application must be made for unconditional prison sentences and alternative sentences (such as house arrest, residence ban, monetary fine, ban from events, forfeiture of property or assets). However, expungement from the criminal record can only take place after a specified period of time has elapsed following the end of the sentence. This period is determined according to the seriousness of the offence committed as follows:

• 1 year after the end of the sentence if you have been placed under house arrest, banned from residence, fined money, banned from attending events, forfeiture of goods or property.
• 3 years after the end of the sentence, which was not longer than 1 year.
• 5 years after the end of a sentence that was longer than 1 year.
• 10 years after the end of a sentence which was more than 5 years.
• 15 years after the end of an exceptional sentence.

The condition is that you have led an orderly life during this time. If you were released early on parole, then only the time you spent in prison counts. So, if you were given 5 years hard time but left prison on parole after 3 years, your expungement period starts when you are released from prison. So you are on probation for 5 years, not 10 years. Also, if you have more than one sentence, the longest one counts.

What do we mean by an orderly life? This concept is not enshrined in law and therefore depends on the court’s decision. In practice, however, it means that a person leads a life that is in accordance with the law and generally accepted social norms.

Application for removal from the criminal record

In order to have a record expunged, you need to take active action:

When to apply for expungement?

You can apply for expungement of your criminal record, i.e. an application to have your conviction expunged, as soon as the period of time specified above during which you have led a normal life has elapsed. You can try earlier, but you should take into account that approval is only granted in exceptional cases.

What should an application for expungement contain?

An application to expunge a conviction should contain several important pieces of information in order to be properly considered by the court. Here is an overview of what such an application should include:

The applicant’s personal details:

• Name.
• Date of birth.
• Birth number (if known).
• Address of permanent residence.
• Contact details (telephone number, e-mail).

Details of conviction:

• Date and file number of the judgment by which the conviction was handed down.
• Name and seat of the court which passed the conviction.
• Description of the offence for which you have been convicted.
• Type and amount of sentence imposed.
• Date of execution of the sentence (e.g. completion of imprisonment, payment of a fine, termination of a disqualification).

Reasons for the expungement of the conviction:

• Indicate that you have led an orderly life for a specified period of time since the sentence was served.
• Describe your current personal, family and professional circumstances (e.g. employment, family background).
• Give any reasons that might indicate that your conviction has been overturned (e.g. good character, social or health reasons, volunteer activities).

Supporting documents and evidence:

• Confirmation of employment or references from your employer.
• Confirmation of participation in rehabilitation or therapy programmes (if ordered).
• Testimonials from neighbours, friends, or community organisations confirming your good life.
• Other relevant documents that may support your application (e.g. medical reports, evidence of volunteer activities).

Applicant’s statement:

• A statement that all the information provided is true and that you are applying for expungement of your conviction under the relevant provisions of the Criminal Code.

Date and signature:

• Date of application.
• Handwritten signature of the applicant.

Where can I apply to have my criminal record expunged?

The application for removal from the criminal record is filed with the district court (or the district court for Prague) in your place of residence. You can submit your application in person at the court’s registry or by post. There is no fee for the application.

How long does it take to expunge a criminal record?

There is no statutory time limit for processing your application. This means that the speed of processing depends on the overall workload of the local court and can vary considerably. Should the court approve your application, it must still wait for the decision to become final before sending the change to the criminal record. The whole process can therefore take several weeks or even months.

Sample application for removal from the criminal record

Application for expungement of a conviction

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Name and surname: Jan Novák

Date of birth: 1.1.1971

Birth number: 12345668

Address of permanent residence: Květinová 123, Prague 1, 110 00

Contact details (phone number, e-mail): 733 123 456, Jan.Novak@seznam.cz

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Dear soudue,

i would like to ask you to annul my conviction under file number 5 T 123/2018 at the District Court for Prague 1 of 15 March 2018 for the crime of theft under Section 205 of the Criminal Code.

On 15 March 2018, I was sentenced to an unconditional imprisonment of 6 months. I served this sentence on 15 September 2018.

In accordance with Section 69 of the Criminal Code, I have since led a proper life and have not committed any further offences. I provide below the supporting documents for my application:

1. Confirmation of employment:

• I have been employed by ABC Ltd. since October 1, 2018 as a warehouseman.
• The attached references from my employer confirm my proper performance of my job duties.

1. Evidence of participation in rehabilitation programs:

• I have attended the “Resocialization Center Prague” program from October 1, 2018 to December 31, 2018, as evidenced by the attached certificate.

1. Other relevant documents:

• Confirmation of involvement in volunteer activities with the organization “Help in Need” from January 2019 to present.

In view of the above, I consider that all the statutory conditions for the expungement of my conviction have been met. Therefore, I request the court to decide, pursuant to Article 105(1) of the Criminal Code, to extinguish the conviction from the judgment of the District Court for Prague 1, dated 18 March 2018, file number 5 T 123/2018.

Thank you for considering my request.

Yours sincerely,

Jan Novák
(signature)

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In Prague, 18.5.2024

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Attachments:

• Confirmation of employment
• References from employer
• Certificate of completion of rehabilitation program
• Certificate of volunteer activity

Summary

A criminal record can significantly affect your life, especially when looking for employment, running a business or applying for visas and residence permits. However, there are ways to get this record expunged. Expungement can take place automatically after a certain period of time and the conditions set by law are met, by presidential pardon, or at the request of the convicted person. The process of applying for expungement requires careful gathering of the necessary information and documents and filing with the appropriate court.