A criminal conviction can have long-term consequences on your personal and professional life. However, the Slovak legal system allows for the expungement of a conviction under certain conditions, which means that you will be treated as if you had not been convicted.
What is the obliteration of condemnation?
Expungement of a conviction is a legal instrument that allows the removal of a conviction from the criminal record. Once expunged, a person is seen as if he or she has not been convicted, which can be crucial when seeking employment or in other situations where integrity is important.
When is it possible to apply for expungement of a conviction?
According to the Slovak Criminal Code, it is possible to apply for the expungement of a conviction if the convicted person has led an orderly life for a certain period of time after serving the sentence, its remission or after the statute of limitations on its execution has expired. The length of this period depends on the amount of the sentence imposed:
- 3 years – for a sentence of imprisonment not exceeding one year.
- 5 years – for imprisonment exceeding one year but not exceeding five years.
- 10 years – for imprisonment exceeding five years.
These time limits shall be calculated from the execution of the sentence, its remission or the limitation of its execution.
How does the process of expungement work?
- Submission of the application: the convicted person submits an application for the expungement of the conviction to the competent district court of his/her place of residence.
- Court decision: The court assesses whether the convicted person has led an orderly life for the required period of time and whether he or she has fulfilled all the conditions.
- Expungement of conviction: if the court grants the application, the conviction is expunged, which means that the convicted person is treated as if he or she had not been convicted.
What does “proper life” mean?
The concept of “orderly life” is not precisely defined, but it is generally understood to mean that the convicted person avoids committing further offences, fulfils his or her civic duties and leads an orderly life.
Automatic obliteration on suspended sentence:
In the case of a suspended sentence, if the convicted person has led an orderly life during the probationary period and has fulfilled all the conditions, the court may pronounce that he has proved himself. If the court does not rule on certification within one year of the expiry of the probationary period, and the convicted person is not at fault, he shall be deemed to have been automatically certified. In that case, he shall be treated as if he had not been convicted.
The expungement of convictions is an important step towards reintegration into society and the restoration of civil rights.
