In 2015, my brother committed a gambling crime and was sentenced to 2 years in prison. My brother has completed his 5-year sentence. Recently, when he applied for a job, the company required a criminal record certificate. My brother contacted the authorities and was told that his criminal record had not been cleared because he had not paid the court fees. I would like to ask if it is true that if he has not paid the court fees, his criminal record has not been cleared. And if he pays the court fees now, how long will it take for his criminal record to be cleared?
Le Anh Tien
(Vung Liem)
Reply:
According to the provisions of the 2015 Penal Code (amended and supplemented in 2017), the crime of gambling is regulated in Article 321, Chapter XXI "Crimes against public safety and public order", so it is a case of automatic criminal record deletion according to the provisions of Article 70 of this Code.
Based on this case, the fact that the criminal record has not been cleared due to failure to pay court fees is correct because completing the sentence for 5 years is a necessary condition for the automatic deletion of the criminal record. However, Article 70 also clearly states that one of the sufficient conditions for a convicted person to have his/her criminal record automatically erased is that "he/she has completed the additional punishment and other decisions of the judgment". Therefore, failure to pay court fees even after completing the main punishment is still considered as not having completed the judgment and decision of the court and is not automatically erased.
On the other hand, a sentence of 2 years in prison is applied according to the provisions of Point b, Clause 2, Article 70. Therefore, after paying the court fees, it can be understood that the additional penalty and other decisions of the judgment have been served. However, there are currently no specific instructions on whether or not to continue calculating the term after paying the additional court fees, so there are many different opinions on this issue, so your friend should pay the additional court fees soon to be able to have his criminal record cleared as soon as possible.
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