Expungement Periods of Criminal Records
📘 GENERAL OVERVIEW
A criminal record is a legal consequence of a conviction that may restrict a person’s rights (e.g., employment, education, travel abroad) and is taken into account in cases of recidivism.
Article 89 of the Criminal Code of the Republic of Kazakhstan (CC RK) establishes reduced expungement periods for individuals who committed a crime before the age of 18, regardless of whether they reached adulthood by the time of the trial or sentence execution.
This provision aims to:
- implement the principle of differentiated criminal liability for minors (Article 15 of the CC RK);
- facilitate resocialization and legal rehabilitation of adolescents in conflict with the law;
- comply with international standards, especially the UN Convention on the Rights of the Child.
📑 STRUCTURE OF ARTICLE 89 OF THE CC RK
The article sets out four cases in which the expungement periods of criminal records are reduced compared to the terms established by Article 79 of the CC RK.
🔹 Point 1: Expungement occurs upon completion of punishment if it was not imprisonment
📌 Applies to:
- fines;
- community service;
- correctional labor;
- restriction of freedom.
📝 Commentary: The criminal record is considered expunged automatically after the punishment is served. This means the minor is no longer considered convicted and faces no legal restrictions due to the conviction as of the next day after serving the punishment.
📎 Related articles:
- Article 44 CC RK – restriction of freedom;
- Article 45 CC RK – other punishments not involving imprisonment;
- Article 79(5) CC RK – the standard expungement period for adults in these cases is 1 year.
⚖️ Example: A 17-year-old is sentenced to 6 months of restriction of freedom for theft. Once the sentence ends, the record is automatically expunged—no waiting period.
🔹 Point 2: 1 year after imprisonment – for minor or moderate crimes
📌 Crimes:
- Minor crimes (punishable by up to 2 years of imprisonment — Art. 4(2) CC RK);
- Moderate crimes (up to 5 years — Art. 4(3) CC RK).
📎 For adults, the same term is 3 years (Article 79(2) CC RK).
📝 Commentary: A significant reduction in the rehabilitation period, which is important for a minor's reintegration into society—such as entering university, finding employment, etc.
⚖️ Example: A minor serves 1 year in a juvenile colony for robbery (a moderate crime). One year after release, the criminal record is automatically expunged.
🔹 Point 3: 2 years after imprisonment – for serious crimes
📌 Serious crimes: imprisonment of up to 12 years (Article 4(4) CC RK).
📎 For adults, the expungement period is 6 years (Article 79(3) CC RK).
📝 Commentary: A threefold reduction, which allows the minor to reintegrate into society more quickly.
⚖️ Example: A 17-year-old convicted of rape (a serious crime, Article 120(1) CC RK) serves 4 years. The criminal record is expunged 2 years after release.
🔹 Point 4: 3 years after imprisonment – for especially serious crimes
📌 Especially serious crimes: imprisonment of more than 12 years, life imprisonment, or death penalty (not applicable to minors).
📎 For adults, the analogous term is 8 years (Article 79(4) CC RK).
⚖️ Example: A 17-year-old convicted of murder under Article 99 CC RK is sentenced to 10 years. Three years after release, the criminal record is expunged.
🔍 SPECIFICS AND NUANCES OF APPLICATION
- ✅ The age at the time of the offense is what matters—not the age at sentencing or serving the punishment.
- ✅ Expungement occurs automatically once the specified term passes, provided no new crimes have been committed.
- ❌ The criminal record is not expunged if:
- a new sentence is imposed during the waiting period;
- the person evaded punishment.
- ✅ After expungement, the person is considered not convicted (Article 79(1) CC RK)—they cannot be regarded as a recidivist.
📚 RELATED PROVISIONS
🔸 Domestic Legislation:
- Article 79 CC RK — general expungement periods;
- Article 15 CC RK — age of criminal responsibility;
- Articles 72–87 CC RK — special measures for minors;
- Penal Enforcement Code of RK — procedure for serving sentences;
- Labor Code of RK, Law “On Education” — consequences of a conviction for employment, education, etc.
🔸 International Norms:
- UN Convention on the Rights of the Child (1989):
- Article 40(1): guarantees the right to dignity and swift recovery;
- Article 40(4): preference for social rehabilitation and minimizing consequences of conviction.
- UN Beijing Rules (1985):
- Rule 21: judicial decisions should not cause long-term restrictions; stigma should be avoided where possible;
- Rule 29.1: a criminal record should not hinder reintegration into society.
⚠️ PRACTICAL ISSUES AND CHALLENGES
- Automatic expungement is not always respected — sometimes authorities unlawfully continue to consider expunged convictions.
- Employers and universities often request criminal record information, even if the record is expunged—violating the presumption of rehabilitation.
- Expungement does not remove records from databases unless a process is initiated to delete data (through the Ministry of Internal Affairs or the courts).
✅ CONCLUSION
Article 89 of the CC RK reflects:
- the priority of education and rehabilitation of juvenile offenders;
- reduction of barriers to social reintegration after serving punishment;
- compliance with international standards, including the UN Convention on the Rights of the Child.
This provision is critical in shaping the future of a teenager who made a mistake, and must be applied automatically and fairly.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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