How to Expunge a Criminal Record for a Criminal Offence: Conditions and Procedure

Author: Iryna Barinova, Paralegal at Grain Law Firm

A criminal record is a special legal status that arises once a conviction becomes final and legally binding, whereby a person is sentenced by a court and, under conditions established by law, becomes subject to certain adverse legal consequences.

However, not every conviction and final court judgment results in a criminal record and its related legal consequences. In particular, persons convicted without sentencing, persons released from punishment, as well as individuals who have served a sentence for conduct that has subsequently been decriminalised, are deemed not to have a criminal record. The same applies to persons who have been rehabilitated.

At the same time, a criminal record is temporary in nature, which directly follows from Part 1 of Article 88 of the Criminal Code of Ukraine. Criminal legislation provides that a criminal record arises from the date a conviction enters into legal force and also establishes the grounds for its termination. Such grounds include the expiration of a criminal record and its expungement.

Termination of a criminal record means the complete removal of all criminal-law and general legal consequences arising from conviction and sentencing. A person whose criminal record has expired or has been expunged is deemed not to have previously committed a criminal offence. The purpose of this mechanism is to ensure a genuine opportunity for reintegration into society, restoration of reputation, and the full exercise of rights on equal terms with other citizens.

Both expiration and expungement of a criminal record are linked to statutory time periods during which the individual must demonstrate rehabilitation through exemplary conduct and compliance with the law and public order.

Article 90 of the Criminal Code of Ukraine establishes the procedure for calculating the expiration periods of criminal records. Such periods begin from the date the person has fully served both the principal and any additional punishment. The calculation also includes the period during which the sentence was not enforced, provided that the limitation period for enforcement was not interrupted. If the sentence was not enforced, the criminal record is deemed expired upon the lapse of the statutory limitation period for enforcement of the sentence.

These limitation periods are established by Article 80 of the Criminal Code of Ukraine, according to which a person is released from serving a sentence if the conviction has not been enforced within the statutory time limits, namely:

• two years — where the punishment imposed is less severe than restriction of liberty;
• three years — where the punishment imposed is restriction of liberty;
• five years — where the punishment imposed is imprisonment for a non-serious offence, as well as imprisonment for up to five years for a serious offence;
• ten years — where the punishment imposed is imprisonment for more than five years for a serious offence, or imprisonment for up to ten years for a particularly serious offence.

The limitation period is suspended if the convicted person evades serving the sentence and resumes from the date the person voluntarily appears to serve the sentence or is detained.

If, before the expiration of these periods, the convicted person commits a new offence, the limitation period is interrupted and begins anew from the date the new offence is committed.

For example, a person was sentenced in 2020 to three years’ imprisonment for a non-serious offence under Part 2 of Article 263 of the Criminal Code of Ukraine. The conviction entered into legal force, but the sentence was not enforced due to delays by the competent authorities. In 2023, before the expiry of the five-year limitation period applicable to such punishment, the individual committed a new offence — fraud under Part 2 of Article 190 of the Criminal Code of Ukraine. In this case, the limitation period for enforcement of the 2020 sentence is interrupted and starts running anew from 2023. Accordingly, the limitation period for enforcement of the 2020 judgment will expire no earlier than 2028, provided that the person commits no further offences and does not evade serving the sentence.

Therefore, once the statutory limitation period for enforcement of a sentence expires, the state loses the right to enforce the judgment, and the individual’s criminal record is deemed expired.

Furthermore, where a person is released early from serving a sentence — including under Article 81 of the Criminal Code of Ukraine (parole), an amnesty act, or a pardon — the expiration period for the criminal record is calculated from the date of release from both the principal and additional punishment.

Where the unserved portion of a sentence is replaced with a more lenient punishment, the expiration period is calculated from the date the lighter punishment is fully served. At the same time, such replacement may apply exclusively to sentences involving restriction of liberty, fixed-term imprisonment, or life imprisonment after the convicted person has actually served the legally prescribed portion of the sentence and only if the individual has demonstrated rehabilitation while serving the punishment. Persons whose sentence has been replaced with a more lenient one may also become eligible for parole under Article 81 of the Criminal Code of Ukraine.

The expiration of a criminal record occurs automatically upon the lapse of the statutory periods established by law, depending on the gravity of the offence and the type of punishment imposed, provided that the individual complies with legal requirements.

If a person who has already served a sentence commits a new criminal offence before the expiration of the criminal record period, regardless of the form of guilt, the expiration period is interrupted and begins anew. Such conduct indicates that the individual has not achieved full rehabilitation and has failed to draw proper conclusions from the previous conviction during the legally established period. In such circumstances, the expiration periods are calculated separately for each criminal offence after the actual completion of punishment — both principal and additional — for the latest offence.

At the same time, a person who has reconsidered their conduct while serving a sentence, demonstrated a conscientious attitude toward work, complied with moral and legal standards, and maintained such conduct after release for a certain period, may be regarded as having proven rehabilitation. In such cases, the legislator provides an incentive mechanism allowing the individual who has genuinely embarked upon the path of rehabilitation to be “released early” from the legal consequences of the previous offence through expungement of the criminal record.

Article 91 of the Criminal Code of Ukraine provides that where a person, after serving a sentence of restriction of liberty or imprisonment, demonstrates rehabilitation through exemplary behaviour and conscientious work, the court may expunge the criminal record before the statutory expiration periods established under Article 89 of the Criminal Code of Ukraine. Early expungement is possible only after at least half of the applicable expiration period has elapsed.

It should be noted that amendments introduced to Article 91 of the Criminal Code of Ukraine by the Law “On the National Anti-Corruption Bureau of Ukraine”, effective from 25 January 2015, prohibit early expungement of criminal records in cases involving intentional serious and particularly serious criminal offences, as well as corruption-related offences.

The legislative requirement that a person must complete part of the expiration period before applying for expungement is intended to provide sufficient time to demonstrate rehabilitation and endure the legal restrictions associated with a criminal record.

Accordingly, a previously convicted person seeking expungement must, during the statutory period, demonstrate genuine rehabilitation through exemplary conduct, conscientious work, observance of public order, absence of further offences, and other positive behaviour indicating the formation of stable lawful conduct.

Pursuant to Article 538 of the Criminal Procedure Code of Ukraine, after serving a sentence involving imprisonment or restriction of liberty, the court that rendered the conviction has the authority to consider an application for expungement of the criminal record filed by the individual concerned.

The court assesses rehabilitation through a comprehensive evaluation of the person’s behaviour and attitude toward work throughout the period of serving the sentence and thereafter, taking into account consistent signs of rehabilitation rather than isolated positive actions. In doing so, the court may consider, inter alia, the following criteria:

• compliance with prison or correctional institution regulations, absence of disciplinary sanctions, conscientious fulfilment of administrative requirements, and participation in rehabilitation programmes;
• rejection of antisocial behaviour, including long-term abstinence from psychoactive substances, refusal to engage in unlawful income-generating activities, and absence of repeat offences;
• legal awareness and respect for the law, including a stable understanding of the need to comply with legal requirements and respect the rights and freedoms of others;
• social reintegration, including efforts to return to normal social life, overcome stigma, establish stable social ties, and live in accordance with legal and social norms;
• public reputation and social recognition, reflected in conduct that aligns with accepted ethical and moral standards and demonstrates integrity;
• interpersonal relations, including the ability to maintain stable and respectful relationships within the family, workplace, and community;
• conscientious attitude toward work, including regular lawful employment, disciplined performance of duties, and compliance with occupational safety rules;
• professional development and work performance, including efforts to improve qualifications, demonstrate initiative, and increase productivity;
• participation in community life, including charitable, volunteer, educational, or other socially beneficial activities.

At the same time, pursuant to paragraph 9 of Resolution No. 16 of the Plenum of the Supreme Court of Ukraine dated 26 December 2003 “On the Practice of Application by Courts of Ukraine of Legislation on Expiration and Expungement of Criminal Records”, expungement of a criminal record is a right of the court rather than an obligation. Therefore, if the court concludes, based on the circumstances of the case, that the person has failed to demonstrate rehabilitation, it may refuse early expungement.

Conclusions

A person who, after serving a sentence and after at least half of the statutory expiration period has elapsed, complies with the law, demonstrates positive behaviour, and leads a socially constructive lifestyle, has the right to apply to the court for early expungement of the criminal record.

Such application must be submitted to the court that rendered the original conviction. It should be accompanied by documents confirming proper execution of the sentence and the applicant’s rehabilitation, including certificates confirming completion of the sentence or release from punishment, certificates confirming absence of criminal or administrative liability after release, proof of compensation for damages and payment of procedural costs (where applicable), as well as employment and residential references, letters of appreciation, awards from public organisations or charitable foundations, and other materials positively characterising the applicant.

The court subsequently examines the application, hears the participants in the proceedings, and assesses whether there are sufficient grounds to regard the person as rehabilitated and no longer posing a danger to society. If the court establishes exemplary conduct and a socially positive transformation, it issues a ruling granting early expungement of the criminal record. From the moment such ruling enters into legal force, the person is deemed not to have a criminal record and regains the full scope of legal rights.

If the court concludes that the grounds for expungement are insufficient, the application may be denied. However, such decision does not deprive the individual of the right to appeal to the appellate court within seven days from the date of pronouncement, nor of the right to submit a new application in the future.