Are you wondering how to clear your criminal record in Vietnam? It’s a common question, and this article will guide you through the process. Let’s explore the conditions for expungement and the procedures to clear your record.
1. Conditions for Automatic Expungement
According to Article 70 of the Criminal Code on automatic expungement, individuals convicted of a crime can have their records automatically cleared if they meet the following conditions:
- They have not committed any crimes specified in Chapter XIII (crimes against national security) and Chapter XXVI (crimes against peace, humanity, and war crimes) of the Criminal Code.
- They have completed their main punishment, served their probation, or the statute of limitations has expired.
- From the completion of the main punishment, end of probation, or expiration of the statute of limitations, they have fulfilled additional punishments and not committed any new crimes within the following periods:
Conditions for automatic expungement
01 year for those who received a warning, fine, non-custodial reform, or suspended sentence.
02 years for those sentenced to imprisonment of up to 05 years.
03 years for those sentenced to imprisonment of 05 to 15 years.
05 years for those sentenced to imprisonment of over 15 years, life imprisonment, or death, but with a reduced sentence.
If an individual is subject to additional punishments such as probation, residence restriction, or disqualification from holding certain positions, and the duration of these punishments exceeds the above periods, the expungement will take effect upon completion of these additional punishments.
The agency managing the legal status database is responsible for updating information on individuals’ criminal records. They will provide a legal status certificate confirming the absence of a criminal record if the conditions in Clause 2 or Clause 3 of this Article are met.
2. Procedure for Automatic Expungement
Procedure for automatic expungement
Individuals eligible for automatic expungement should submit a request to the agency managing the legal status database, asking for a certificate confirming the absence of a criminal record.
Within 05 days of receiving the request, the agency will review the eligibility and, if all conditions are met, issue the certificate.
3. Frequently Asked Questions about Expungement
Question 1: Where can I register for expungement?
Answer: Once you meet the conditions for expungement, you can submit your application in person or by mail to the agency managing the legal status database (usually the provincial Department of Justice where you reside).
Question 2: What is the time frame for automatic expungement?
Answer: According to the 2015 Criminal Law:
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01 year for those who received a warning, fine, non-custodial reform, or suspended sentence.
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02 years for imprisonment of up to 05 years: A reduction of 01 year compared to the previous regulation.
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03 years for imprisonment of 05 to 15 years: A reduction of 02 years compared to the previous regulation.
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05 years for imprisonment of over 15 years, life imprisonment, or death with a reduced sentence: A reduction of 02 years compared to the previous regulation.
Time frame for automatic expungement according to the 2015 Criminal Law
Question 3: What should I do to get my record expunged?
Answer: According to the 2015 Criminal Code, as amended in 2017, if your friend meets the conditions under Article 70 of the Criminal Code, their record will be automatically cleared. The certificate of expungement is a legal basis for individuals with a criminal history to reintegrate into society, allowing them to apply for jobs, start businesses, or pursue education. This certificate is issued upon request by the individual.
Expungement Procedure:
If an individual is eligible for automatic expungement and requires a certificate of expungement, they should prepare the following documents:
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Application for expungement (using the prescribed form)
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Certificate of completion of prison sentence issued by the prison
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Confirmation from the civil judgment enforcement agency that all compensation, court fees, and fines have been paid
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Certificate of no new crimes issued by the district or municipal police where the convicted individual resides (using the form prescribed by the Ministry of Public Security)
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Copy of household registration and identity card
Authority to Consider the Expungement Application:
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The application should be submitted to the Court of First Instance that handed down the sentence (either in person or by mail)
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There is no court fee for expungement applications (except for requests for copies of the expungement decision or certificate)
The Court of First Instance will consider the application and issue a certificate of expungement or a decision on expungement.
This article has provided you with essential knowledge and information about expungement in Vietnam. We hope to bring you more basic and useful knowledge in the future.
