Obtaining a certificate of no criminal record

Many people, when faced with applying for any permits, or simply getting a job, ask the question - “What is a certificate of no criminal record, and where to get it?” At its core, a police clearance certificate is a guarantee of a given person’s reliability, so to speak, of his lack of criminal inclinations.

Many institutions and organizations, before concluding a certain agreement with a citizen - an employment agreement, a loan, etc. - require him to present this document. Let's consider in what cases such a requirement is legal, and where to get the required certificate.

A certificate of good conduct is a fairly popular document. It is often required in the following situations:

When trying to find employment outside the country.
To obtain a permit for permanent residence abroad.
Obtaining a large loan from a commercial organization.
Registration of guardianship over minor children or incompetent citizens.
Conclusion of a contract for service in law enforcement agencies.
Applying for a job in educational organizations where the type of activity involves communicating with minor children.

The need to present a police clearance certificate when applying for a job is regulated by Article No. 65 of the labor legislation of the Russian Federation. According to the provisions of the Labor Code of the Russian Federation, documentary proof of the absence of a criminal record is required for the following employees:

Persons employed in the civil service at all levels of government, from municipal to federal.
For employees of law enforcement agencies - the Ministry of Defense, the Ministry of Internal Affairs, the Ministry of Emergency Situations, the FSB.
Customs officials.
Aviation company employees.
Employees of the prosecutor's office and the investigative committee of the Russian Federation.
Responsible specialists of enterprises of the fuel and energy complex and heating networks.
Employees of educational institutions.
Board members of a number of non-profit organizations and cooperatives.

In the above cases, a citizen’s criminal record is the reason for legal refusal when trying to find employment. Moreover, legislative standards directly prohibit the employment in organizations specified in Article No. 65 of the Labor Code of the Russian Federation of citizens with an outstanding or unexpunged criminal record. And if a person is convicted of a crime under serious criminal charges, the path to government officials, law enforcement officers, teachers or prosecutors is closed for him forever.

However, in some cases, employers clearly abuse their duties by requiring the applicant to provide a police clearance certificate. At the same time, they justify their demand by the fact that the future employee, due to his occupation, will have to deal with material or monetary values. The provisions of labor legislation define such requirements for a job applicant as unlawful.

For example, a document proving no criminal record is not required at all when applying for a job in a store, banking organization, or warehouse. To be more precise, the personnel department may ask the citizen to present such a certificate. But denial of employment on the basis of a person’s unwillingness to provide papers proving no criminal record is considered illegal. The only thing the employer has the right to do is, if there are several applicants, choose the one who will present such a document.

The document is a standard form containing a specific list of items to be filled out. The help contains the following information (listed in order):

Passport details of the citizen in whose name the document is issued - full name, address of residence.
The name and address of the department of the Ministry of Internal Affairs that issued this certificate of no criminal record.
Identification number of the document form.
The seal of the department of the Ministry of Internal Affairs and the signature of the employee responsible for issuing the document.

Documents required to obtain a certificate

Before applying for a certificate, you must collect a certain package of documentation. It includes:

Application for the issuance of a document of no criminal record.
General passport and its photocopy.
For a foreigner, you will need to present a passport of your country with a translation made in Russian. The translation text must be officially certified. This can be done at the nearest embassy or consulate, as well as at a specialized agency that has the appropriate license.
Also, foreign nationals will need to present a document on the basis of which they reside in the Russian Federation. This is either a residence permit or a temporary residence permit.
Refugees must submit a document from the migration and visa service granting the appropriate status.
If you have changed your last name or first name during the time that has passed since you came of age, you must present a certificate of its change indicating your previous full name.

The application must be completed in clear, legible handwriting. Any spelling or factual errors may result in refusal to issue a certificate of no criminal record.

The answer to the question of where to get a certificate is quite simple: you can order it either directly at the nearest district police station, or at the district multifunctional center. Receiving a document through the MFC has its advantages. In this case, it is possible to pre-register for an appointment by calling, whereas at the Ministry of Internal Affairs department you will have to wait in line before getting to the right specialist.

After submitting an application, police officers have a period of one calendar month to draw up and issue the required certificate. Obtaining a document, either from the regional department of the Ministry of Internal Affairs or from the MFC, is absolutely free. The applicant will not have to pay either a state fee or pay for the work of government employees. If you are abroad and you need this document, then you also pay only the cost of sending the certificate by mail, cash on delivery.

The main principle that applies when obtaining a certificate of no criminal record is extraterritoriality. That is, a citizen can receive this document at any department of internal affairs throughout the Russian Federation. The place of his permanent registration does not play any role in this case: for example, if a resident of Vladivostok temporarily staying in Moscow or St. Petersburg needs a certificate of no criminal record, he can apply for it at any nearest regional department of the Ministry of Internal Affairs.

Often citizens uninitiated in the basics of jurisprudence have a question: what is the validity period of the certificate? Legislative standards, unfortunately, do not give a definite answer to this. According to unofficial standards adopted in domestic records management, the validity period of such certificates is three months. Accordingly, when presenting this document, it is necessary to focus on this period.

Although, from a purely legal point of view, such a document should be valid indefinitely, if only because it reflects the actual situation at the time the document was issued. In reality, a citizen can receive a criminal record during the three months that the document issued by the Ministry of Internal Affairs is formally valid.

In a number of cases listed in legislative acts, a citizen can file a complaint against the actions of the Ministry of Internal Affairs officers responsible for issuing the certificate. This is acceptable in the following situations:

The employees violated the deadlines for registering a citizen’s request to issue him the required document on good conduct.
The one-month period allotted by law for preparing and issuing a certificate has been missed.
If specialists of the Ministry of Internal Affairs department require a citizen to additionally present documents not listed in the regulatory list.
When employees of the Ministry of Internal Affairs or the MFC refused to accept an application and a package of accompanying documents without, in the client’s opinion, proper grounds.
When requesting payment for this service.

The complaint is submitted directly to the immediate superiors of those employees who violated the legal regulations.