Known in everyday language as the “sabıka kaydı,” the criminal record is the official register in which final criminal convictions handed down against a person are kept. How this record — which may be requested in many areas, from job applications to various licence and permit procedures — arises, when it is deleted, and how it differs from the “archive record,” are frequently asked questions.
Procedures relating to the criminal record are regulated by Criminal Record Law No. 5352.
How Does a Criminal Record Arise?
When a judgment of criminal conviction handed down against a person becomes final, that information is entered in the criminal record. Only final convictions are recorded; an ongoing investigation or a case not yet finalised does not appear in the criminal record. The records are kept by the Directorate General of Criminal Records and Statistics of the Ministry of Justice.
The Difference Between the Criminal Record and the Archive Record
These two concepts are frequently confused, yet they denote different stages:
- Criminal record: The record showing “current” convictions whose enforcement has not yet been completed.
- Archive record: The section to which a record removed from the criminal record is transferred after the enforcement of the sentence is completed. In other words, once the sentence is enforced the record does not disappear entirely; it continues to exist in the archive for a further period.
When Is the Criminal Record Deleted (Transferred to the Archive)?
A record in the criminal register is deleted from the criminal record and transferred to the archive record in cases such as completion of the enforcement of the sentence or security measure, the act requiring the conviction ceasing to be an offence by law, or a general amnesty. At this stage the record ceases to appear in an ordinary “criminal record” query; however, it remains in the archive.
When Is the Archive Record Deleted Entirely?
The complete elimination of the archive record depends on the fulfilment of certain conditions:
- The archive record is deleted upon the death of the person concerned.
- The record is deleted entirely where the act requiring the conviction subsequently ceases to be an offence by law.
- In cases other than these, the archive record is deleted upon the expiry of the periods provided for in the law. Whether a decision on the restoration of prohibited rights has been rendered in respect of the person plays a decisive role in this regard.
- As a rule, the deletion is carried out by the administration of its own motion; a person who considers that the record has not been deleted despite the conditions being met may request its deletion.
Restoration of Prohibited Rights
A criminal conviction may prevent a person from exercising certain rights. After the sentence has been enforced and the period provided for in the law has elapsed, the person may, on certain conditions, request the court to restore those rights. This decision is significant both for remedying the deprivation of rights and for the process of deleting the archive record.
How Is a Criminal Record Obtained?
The criminal record and the archive record may be obtained via e-Devlet, from the criminal record units at courthouses, or from district governorates. Stating correctly, at the time of application, the institution or purpose for which the document is requested ensures that the record is issued in a form appropriate to that purpose.
Deletion of the criminal record and the archive record produces significant consequences for a person’s social and economic life. If you consider that the record has not been deleted despite the conditions being met, or if you wish to pursue the restoration of prohibited rights, following the process through a lawyer will prevent possible loss of rights.