Article 79. Criminal record of the Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

 1. A person convicted of committing a crime shall be considered to have been convicted from the date of entry into force of the court's verdict of conviction until the date of cancellation or removal of the criminal record. A criminal record in accordance with this Code is taken into account when determining the recurrence of crimes, dangerous recurrence of crimes and when imposing punishment.

     2. A person who has been released from punishment, as well as convicted of committing a criminal offense, shall be recognized as having no criminal record.

     3. Criminal record is expunged:

     1) in respect of persons on probation, after the expiration of the probation control period;

     2) in respect of persons sentenced to more lenient types of punishments than imprisonment – upon actual serving of the sentence.;

     3) in respect of persons sentenced to imprisonment for crimes of minor or moderate gravity – after three years after serving the sentence.;

     4) in respect of persons sentenced to imprisonment for serious crimes – after six years after serving the sentence.;

     5) in respect of persons sentenced to imprisonment for grave crimes related to encroachment on human life or health, or for particularly grave crimes – after eight years after serving the sentence.;

     5-1) in respect of persons sentenced to imprisonment for particularly serious crimes related to encroachment on human life or health – after ten years after serving the sentence.

     4. If a convicted person has been prematurely released from serving a sentence in accordance with the procedure established by the law of the Republic of Kazakhstan or the unserved part of the sentence has been replaced by a more lenient type of punishment, the repayment period of the criminal record shall be calculated based on the actually served term of punishment from the moment of release from serving the main and additional types of punishments.

     5. If, along with the main punishment, an additional punishment was imposed on a person by a court verdict, the term of repayment of the criminal record is calculated from the moment of serving the main and additional types of punishments.

     In cases of additional punishment in the form of deprivation of the right to hold a certain position or engage in a certain activity for life, the term of repayment of the criminal record is calculated from the moment the main type of punishment is served.

     6. When a person is convicted of a set of criminal offenses or a set of sentences for crimes of varying severity, the convictions are extinguished for each crime independently, while the repayment periods are calculated from the moment the sentence is served for a set of criminal offenses or a set of sentences.

     7. If the convicted person has behaved flawlessly after serving his sentence, then at his request the court may remove his criminal record from him before the expiration of the term of repayment of the criminal record.

     This provision does not apply to persons who have been sentenced to imprisonment for grave or especially grave crimes, as well as those who have been sentenced for a recurrence of crimes or a dangerous recurrence of crimes.

     8. If the convicted person has committed a crime again before the expiration of the term of repayment of the criminal record, the term of repayment of the criminal record is interrupted. The term of repayment of the criminal record for the first crime is calculated anew after the actual serving of the main and additional types of punishments for the last crime. In these cases, the person is considered to have been convicted of both crimes before the expiration date of the conviction for the most serious of them.

     9. The cancellation or removal of a criminal record shall nullify all criminal consequences provided for in this Code, with the exception of restrictions imposed by an additional type of punishment imposed for life and the case provided for in part ten of this Article.

     10. The cancellation or removal of a criminal record is not taken into account when the court determines the type of institution of the penal system.

President    

Republic of Kazakhstan     

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