How long does it take to clear a criminal record and what paperwork is required?

Recently, on the Ministry of Public Security's Information Portal, the Ministry answered a citizen's question about "How long does it take to clear a criminal record and what paperwork is required?".

"I have been out of prison for more than 5 years. Before that, I was in prison for 16 years for illegal drug trafficking. Now, if I want to clear my criminal record, how long will it take? What paperwork do I need and which agency do I need to submit it to?", this citizen wondered.

In response to the above question, the Ministry of Public Security said that according to the provisions of Article 70 and Article 71 of the 2015 Penal Code, there are two forms of criminal record deletion: automatic criminal record deletion and criminal record deletion decided by the court.

Natural criminal record erasure: Applicable to people convicted of crimes other than those against national security and crimes against peace , crimes against humanity and war crimes as prescribed by the Penal Code.

Criminal record deletion by court decision: Applied to people convicted of crimes against national security, crimes against peace, crimes against humanity and war crimes.

Criminal record deletion in special cases: A convicted person may have his/her criminal record deleted by the court earlier than prescribed by law in cases where the convicted person shows clear signs of progress and has made achievements, and is requested by the agency or organization where he/she works or the local authority where he/she resides, then the court shall decide to delete the criminal record.

According to the information provided, this person was convicted of "Illegal drug trafficking", which does not fall under the category of crimes against national security, crimes against peace, crimes against humanity and war crimes, so the form of criminal record deletion is of course the criminal record deletion.

According to the provisions of Point d, Clause 2, Article 70 of the Penal Code, this person will automatically have his/her criminal record cleared if, within 5 years from the date of completing the prison sentence, he/she has completed the additional punishment, other decisions of the judgment (if any) and does not commit any new crimes.

Pursuant to Clause 4, Article 70 of the Penal Code, the agency managing the criminal record database is responsible for updating information on the criminal record of the convicted person and, upon request, issuing a criminal record certificate confirming that the person has “no criminal record” if the conditions prescribed by the Penal Code are met.

Thus, if there is a request for confirmation of "no criminal record", when the conditions for natural criminal record deletion are met, the procedure for requesting a judicial record certificate is carried out.

According to the provisions of Article 45 of the Law on Judicial Records and Article 37 of the Law on Residence 2020, the application file for a judicial record certificate of an individual includes the following documents:

- Application form for criminal record certificate.

- Copy of identity card or citizen identification card or passport of the person requesting a criminal record certificate.

- Authorization document in case an individual authorizes another person to carry out the procedure to request a criminal record certificate No. 1. In case the person requesting the criminal record certificate is the father, mother, wife, husband or child of the person to whom the criminal record certificate is issued, no authorization document is required.

Vietnamese citizens submit to the Department of Justice where they permanently reside; in case they do not have a permanent residence, they submit to the Department of Justice where they temporarily reside; in case they reside abroad, they submit to the Department of Justice where they resided before leaving the country.

Foreigners residing in Vietnam submit to the Department of Justice where they permanently reside; in case they have left Vietnam, submit to the National Center for Judicial Records.

According to Article 48 of the Law on Judicial Records, the time limit for issuing a judicial record certificate shall not exceed 10 days from the date of receipt of a valid request. In case the person to be issued a judicial record certificate is a Vietnamese citizen who has resided in many places or has resided abroad, a foreigner, or in case it is necessary to verify the conditions for automatic criminal record deletion, the time limit shall not exceed 15 days.

Wisdom

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