A criminal conviction can continue to affect a person's life for years, even after the sentence has been fully served. The "criminal record" requested in job applications, and the criminal history asked about in applications for public service, firearm licenses, security guard ID cards, tenders, and visas, can become a barrier that constantly reminds you of a past mistake. Fortunately, our legal system makes it possible for a criminal record to be deleted under certain conditions, allowing a person to start with a "clean slate." In this guide, we examine in detail the difference between a criminal record and an archive record, the time limits and procedures for deleting records, the institution of restoration of prohibited rights (reinstatement of forfeited rights), where and how to apply, and common mistakes.
Quick summary: A criminal record is deleted from the criminal records system and moved to the archive record in cases such as completion of the sentence's execution or the statute of limitations. The archive record is then deleted after 5, 15, or 30 years depending on the type of offense. For offenses listed in Article 76 of the Constitution, the way to reduce this period from 30 years to 15 years is to obtain a court decision on the restoration of prohibited rights.
What Is a Criminal Record?
A criminal record, commonly known as a "sabıka kaydı", is the official record of finalized criminal sentences and security measure decisions issued by Turkish courts, maintained by the Ministry of Justice's General Directorate of Criminal Records and Statistics. It is regulated by the Criminal Records Law No. 5352. Only finalized conviction decisions are entered in the criminal record; ongoing investigations, pending cases, or acquittals do not appear in the criminal record.
The following records are not entered in the criminal record:
- Minor offenses (administrative fines, traffic fines),
- Disciplinary offenses and decisions concerning purely military offenses,
- Acquittals, decisions that no penalty is to be imposed, and dismissal decisions,
- Deferral of the announcement of the verdict (HAGB) decisions. These decisions are recorded in a separate special system that only judges and prosecutors can access for investigation and prosecution purposes, and they do not appear on a criminal record certificate.
The Difference Between a Criminal Record and an Archive Record
The criminal records system contains two separate records, and this distinction is the key to understanding the deletion process:
| Criminal record | Archive record | |
|---|---|---|
| When is it created? | When the conviction becomes final | When the criminal record is deleted |
| When is it deleted? | When the execution of the sentence is completed, or in case of statute of limitations/amnesty | After 5, 15, or 30 years depending on the type of offense |
| Who can see it? | The individual, public institutions, courts, and prosecutors' offices | As a rule, only courts, prosecutors' offices, and institutions authorized by law |
| Does it appear on the e-Devlet certificate? | Yes | Not on the standard certificate; it appears if an "archive record" is requested |
The most important point here is this: The deletion of your criminal record does not mean the conviction has disappeared entirely; the record has merely been moved to the archive. For certain applications such as public service, judgeship, law practice, notary positions, security guard roles, and firearm licenses, institutions also check the archive record. For this reason, many people who say "my record was cleared" are eliminated during civil servant recruitment because of their archive record and face a major surprise.
When Is a Criminal Record Deleted?
According to Article 9 of the Criminal Records Law, information in the criminal record is deleted and moved to the archive in the following cases:
- Completion of the execution of the sentence or security measure: For prison sentences, the sentence is considered fully executed once the supervision period following conditional release has also ended; for judicial fines, payment must be completed.
- Withdrawal of complaint or effective remorse that eliminates the criminal conviction with all its consequences.
- Expiration of the statute of limitations on the sentence.
- General amnesty.
In addition, the record is completely deleted upon the person's death. For suspended prison sentences, the sentence is considered executed when the supervision period is completed with good conduct, and the record is moved to the archive.
A common mistake here is thinking, "I served my sentence, so the record must have been deleted automatically." Although the law states that deletion should occur ex officio (automatically), in practice records can remain undeleted for years because execution information is entered into the system late. Therefore, after the execution is completed, you should obtain a criminal record certificate from e-Devlet to check your status and, if necessary, submit an application.
When Is an Archive Record Deleted?
The deletion of the archive record is regulated in Article 12 of the Criminal Records Law, which provides for three different time periods depending on the type of offense:
| Type of conviction | Deletion from the archive |
|---|---|
| Article 76 offense of the Constitution, prohibited rights restored | 15 years from the decision |
| Article 76 offense of the Constitution, prohibited rights not restored | 30 years from being moved to the archive |
| Other convictions | 5 years from being moved to the archive |
| Act ceased to be a crime | Immediately, completely (no request required) |
| HAGB decision | Never enters the criminal record |
Article 76 of the Constitution lists the offenses that bar a person from being elected as a member of parliament: embezzlement, extortion, bribery, theft, fraud, forgery, breach of trust, fraudulent bankruptcy, bid rigging, smuggling, laundering of assets derived from crime, and terrorism offenses, among others. For these offenses, and in cases where special laws require that the person "has not been convicted of a certain offense," the archive record is deleted after 15 years if there is a decision restoring prohibited rights, and after 30 years if there is not. If an act ceases to be a crime through a change in legislation, however, the criminal record and archive records are completely deleted without any request.
Restoration of Prohibited Rights (Reinstatement of Forfeited Rights)
The most important tool that allows the archive record to be deleted in 15 years instead of 30 and removes the loss of rights tied to a conviction is the restoration of prohibited rights regulated in Article 13/A of the Criminal Records Law. Formerly known as the "reinstatement of forfeited rights (memnu hakların iadesi)," this institution enables the removal of the rights deprivations that laws other than the Turkish Penal Code (for example, the Civil Servants Law, the Attorneys Act, and the Firearms Act) impose on persons convicted of a certain offense.
Conditions
- The execution of the sentence must be completed,
- A period of three years must have passed since the date the execution of the sentence was completed,
- The person must not have committed a new offense during these three years, and the court must be satisfied that the person has led a life of good conduct.
If the sentence for the conviction has lapsed without being executed due to reasons such as the statute of limitations or amnesty, the three-year period is calculated not from the date of that lapse, but from the date on which the sentence would have been completed had it been executed.
Where to apply?
The request is submitted to the court that issued the judgment or to a court of the same level in the place where the person resides. For example, a person living in Istanbul who was convicted by a High Criminal Court in Ankara may submit the request to the Bakırköy High Criminal Court. The court obtains the prosecutor's opinion and, if necessary, requests an investigation report from law enforcement on the person's social and economic situation. The right to appeal the decision remains open. When the approval decision becomes final, it is entered in the archive record and the 15-year period begins to run.
Common mistakes
- Calculating the three-year period from the release date rather than from the completion of the execution. The supervision period after conditional release is part of the execution.
- Submitting the application directly to the General Directorate of Criminal Records rather than to the court; the General Directorate cannot issue this decision.
- Not knowing that a separate request is required for each conviction when a person has more than one.
How to Apply for Deletion of a Criminal Record
- Determine your situation: Through the "Criminal Record Inquiry" service on e-Devlet, obtain a certificate by selecting both the criminal record and archive record options.
- Document that the execution is complete: Gather documents such as a letter from the Enforcement Office of the relevant Chief Public Prosecutor's Office confirming that the sentence has been executed, or the payment receipt in the case of a judicial fine.
- Prepare a petition: In the petition addressed to the Ministry of Justice's General Directorate of Criminal Records and Statistics, clearly state your identity details, the court of the conviction decision, the case and decision numbers, the finalization date, and the basis of the deletion request.
- Submit the application: The petition can be submitted to the General Directorate by post, through the criminal records office of the courthouse, or via e-Devlet.
- Follow up on the result: If the General Directorate determines that the conditions are met, it deletes the record. If the request is rejected, a lawsuit can be filed in the administrative courts.
Mistakes are common in determining whether 5, 15, or 30 years applies, especially for offenses falling under Article 76 of the Constitution; because the one-year prison threshold is assessed according to the penalty prescribed by law for the offense rather than the actual sentence imposed, it is advisable to make this distinction together with a lawyer.
Frequently Asked Questions
How many years does it take for a criminal record to be deleted?
A criminal record is deleted and moved to the archive when the execution of the sentence is completed; no specific number of years must pass for this. The archive record, on the other hand, is deleted after 5, 15, or 30 years depending on the type of offense.
Does an HAGB decision appear on a criminal record?
No. Decisions to defer the announcement of the verdict are not entered in the criminal record; they are recorded only in a special system accessible to judges and prosecutors. If the supervision period is completed with good conduct, the case is dismissed and this record is also deleted.
Is a judicial fine entered in the criminal record?
Yes. Since a judicial fine is a criminal conviction, it is entered in the criminal record and moved to the archive once paid. Administrative fines (traffic, minor offenses), on the other hand, never enter the criminal record.
Does a suspended prison sentence appear on the criminal record?
Yes, a suspension decision is also entered in the criminal record. When the supervision period is completed with good conduct, the sentence is considered executed and the record is moved to the archive.
Do I need a lawyer to delete a criminal record?
The application can be made in person. However, since correctly calculating time periods, assessing the scope of Article 76 of the Constitution, proving the request for restoration of prohibited rights in court, and appeal procedures against rejection decisions all require legal knowledge, legal support speeds up the process, especially in time-sensitive situations such as public service or licensing.
My application was rejected. What can I do?
Against the rejection of a request for restoration of prohibited rights, you can file an appeal from the notification of the court's decision. Since the General Directorate of Criminal Records' rejection of a deletion request is an administrative act, an annulment action can be filed against it in an administrative court.
Conclusion
A criminal record continues to have an impact for years in many areas of life, such as employment, public service, licensing, and travel. However, deletion from the criminal record upon completion of the execution, deletion from the archive once the period expires, and, where the conditions are met, restoration of prohibited rights give a person the opportunity to leave the past behind. The most critical points in the process are calculating the time periods correctly, determining which category the offense falls into, and applying to the correct authority.
Looking for support with deleting your criminal record or restoring prohibited rights? Avrasya Law Office serves clients in criminal law in Bakırköy. To have your situation assessed, request a preliminary consultation or review our criminal law page.
This article has been prepared for general informational purposes and does not constitute legal advice. Because criminal records legislation may change, we recommend consulting a lawyer for your specific situation.
