Is it possible to get a passport with a criminal record - in 2021, issuance deadline, make a document, ban on registration, repayment, release, restrictions

No one is immune from problems with the law. You don't have to be a persistent offender to do this. Sometimes a simple coincidence of circumstances can radically change a person's life. As a result, he has a criminal record, which deprives him of many benefits and opportunities. Often, a citizen who has served his sentence feels like an outcast in society: they don’t want to hire him, they refuse to allow him to travel abroad. Therefore, many of those who have previously had problems with the law want to know whether it is possible to obtain a foreign passport with a criminal record in 2021 and whether the refusal to issue this document is legal.

How does having a criminal record affect obtaining a passport?

A foreign passport is a document identifying a citizen staying abroad. Those who plan to visit other countries for tourism purposes are issued two types of foreign passports:

standard sample;
biometric.

They can only be obtained subject to strict compliance with the rules established at the legislative level.

You can learn how a foreign passport and a criminal record are related to each other from Article 15 of the Federal Law of August 15, 1996 “On the procedure for leaving the Russian Federation and entering the Russian Federation” No. 114-FZ. In accordance with the provisions of this legislative act (paragraphs 3-5), the right to leave the country may be temporarily limited for citizens who:

are suspects or, in accordance with the norms of criminal procedure legislation, are brought as defendants in the case before the court makes a decision or the sentence enters into legal force;
convicted of committing illegal acts (before serving the sentence or before being released from it);
evade fulfillment of obligations imposed by the court (until the moment of fulfillment or achievement of agreement between the parties to the dispute).

Analyzing the provisions of this law, we can conclude that the following persons are temporarily deprived of the right to travel abroad:

those who have not served their sentence;
under investigation;
convicted persons (including those who received a suspended sentence).

There are no rules prohibiting persons with a criminal record from obtaining a foreign passport. Difficulties may arise when traveling outside the Russian Federation.

You can travel abroad only if your criminal record is expunged or expunged.

Legislation

The category of persons who have violated the law and therefore lost the right to leave the country includes:

those who have not served their sentence;
persons under investigation;
convicts who received a suspended sentence.

A person can be considered convicted from the moment the judge announces the verdict until the end of the term of imprisonment.

With the correct interpretation of the law, the answer to the question of whether it is possible to obtain a foreign passport with an outstanding criminal record should be negative, since in accordance with the law, the issuance of travel documents is not allowed until the convicted person has served his sentence (Article 115 of the Federal Law No. 114). At the same time, there is no clear ban on obtaining a foreign passport for those whose criminal record has not been expunged.

Hence the conclusion: you can get a passport with a criminal record. However, it will be possible to travel abroad using this document only when the criminal record is expunged or removed in court.

Expungement of a criminal record

A criminal record that no longer has any legal consequences is considered expunged. To do this, some time must pass from the end of its term.

After a criminal conviction, a foreign passport can be used to travel outside the country within the following time frames from the moment the sentence is served:

for those sentenced to probation - immediately;
for those who received a correctional sentence or a fine instead of imprisonment - after a year;
for convicts who have committed crimes of moderate gravity – after 3 years;
for those who received a sentence for serious or especially serious crimes - after 8-10 years, depending on the article.

In case of early release, the repayment period begins immediately after release.

Clearance of a criminal record

The expungement of a criminal record occurs exclusively in court at the personal request of the convicted person. The reasons for this may be:

amnesty;
serious illness;
early release;
the prosecution retracted its statement;
closure of the case;
the article, which acted as an accusatory article, was canceled at the legislative level;
the sentence has expired, and the convicted person was unable to fulfill his obligations for reasons beyond his control.

How is a criminal record expunged (removed)?

Expungement of a criminal record occurs after the person has served his sentence (main and additional). If, during the period established by law, a citizen behaved exemplarily and did not commit new illegal actions, his criminal record is considered expunged.

In accordance with Article 86 of the Criminal Code of the Russian Federation, a criminal record is expunged within the following periods:

for conditionally convicted persons - after the expiration of the probationary period;
for citizens who have served a sentence more lenient than imprisonment - after a year;
for persons who have served a sentence of imprisonment for crimes of minor and medium gravity - after 3 years;
for those who have served a sentence of imprisonment for committing serious crimes - after 8 years;
for those who have served their sentences for especially serious crimes - after 10 years.

As for the expungement of a criminal record, it occurs before expiration if the convicted person has proven his correction by exemplary behavior. It can also be removed as a result of a pardon or amnesty.

Expungement of a criminal record

If a criminal record is expunged, this means that the person has the right to receive a foreign passport.

What documents are needed to obtain a foreign passport?

The list of documents required to obtain an identity card for a Russian citizen abroad in 2021 is quite long. It includes the following papers:

application form (with attachments if necessary);
passport;
previously issued passport (if any);
receipt confirming payment of the state fee;
photo of the established sample (when submitting an application through the State Services portal for a new-style passport, you must upload a digital photo; in case of personal application to the Department of Internal Affairs of the Ministry of Internal Affairs, you do not need to provide paper photographs - the photo will be taken by service employees; for those who apply for an old-style passport, you must attach 4 photos measuring 3.5 by 4.5 cm);
documents confirming the change of personal data (if any);
military ID or certificate in form F-32 (for men aged 18-27 years);
permission from the command in case of performing military duty (does not apply to persons serving under conscription).

For those who receive a foreign passport after a criminal record, the package of documents must be supplemented with a certificate of release (issued by the police department) and a copy of the verdict (court order).

Which country would you rather live in? ⚡ Take the test in 2 minutes

You can learn more about what you will need to obtain a foreign identity card and how the procedure for obtaining it is carried out in the article “Applying for a foreign passport.”

Procedure for obtaining a foreign passport

The procedure for obtaining a foreign passport for citizens with previous convictions is no different from that provided for in the usual manner. But when making entries in the application form for a new type of passport, you will need to make a note in the document about the presence of a criminal record (with comments regarding who was convicted and for how long). A previous generation passport does not require such information.

The documents required for obtaining a foreign passport in the case of a criminal record remain unchanged in comparison with the usual package of papers, they are only supplemented by a certificate of its expungement.

Documentation

When applying for a foreign passport for citizens with a criminal record, the following documents will be required:

internal passport with photocopies of all completed pages;
photocopies of those pages of the work book that display records of activity for the last 10 years (unemployed people and pensioners will have to submit the original document, but it is not necessary to have it certified in accordance with the new rules);
4 photographs taken in accordance with established requirements (for a new type of passport - only 2 photographs);
photocopy of the 1st page of the previous passport (if you have one);
2 copies of the questionnaire (no need to certify the questionnaire);
application to retain the previous passport, if necessary;
original document confirming the fact of registration;
a copy of the court verdict (court decision);
original and photocopy of a certificate of expungement of a criminal record.

Men aged 18-27 should worry about whether a military ID is needed to obtain a foreign passport, since they will actually have to attach this document to the general package. Instead, a military ID card can be provided, which is issued by the military commissariat at the place of registration (it remains valid only for a month).

certificates (.DOC)

Price

When issuing a biometric document, the state fee is 3,500 rubles. (2,450 rubles when issued through the Internet service “Gosuslugi”), and an old-style international passport will cost 2,000 rubles. (RUR 1,000 – through “Government Services”).

Checking readiness

When submitting documents for a foreign passport at the place where the citizen is registered, the document must be ready within 30 days, and at the place of residence - within 120 days. You can find out about the readiness of the documents by personally visiting the Main Migration Department of the Ministry of Internal Affairs or through the organization’s special online services.

Validity

In accordance with the general rules, a biometric passport will be valid for 10 years, and an old-style document will be valid for 5 years.

What to write in the application form if you have a criminal record

Filling out the column in the form regarding your criminal record is mandatory. It makes no sense to hide the fact that the applicant was previously convicted, since migration service employees carefully check the information received against various information databases (including the Ministry of Internal Affairs database).

The application will need to indicate where, when, under what article and for what period the applicant for a foreign passport was sentenced, as well as when he was released. The information must be documented.

How to get

The procedure for obtaining a foreign passport by a citizen with a criminal record is not much different from the usual one.

Find out more about how to apply for a passport.

The only difference is that in the passport application you will need to indicate where, when and under what article the applicant received the term, as well as what time it was. This item is provided in the application form for a new biometric passport.

Filling out the section in the form regarding the presence of a criminal record is mandatory. It makes no sense to hide this fact, since the information provided by the applicant is in any case checked against the databases of government departments, including the Ministry of Internal Affairs.

Another difference will be present in the documentary support of the application.

We recommend that you find out in more detail what documents are needed to obtain a foreign passport.

Speaking about whether it is possible to obtain a foreign passport if there is a criminal record, it should be borne in mind that a person who has served his sentence, in addition to the usual package of papers, will need the following certificates:

certificate issued by the Department of Internal Affairs (on release);
a copy of the verdict or court order.

Both documents must be submitted to the department of the Main Department of Migration Affairs of the Ministry of Internal Affairs, where an application for issuance of a travel identity card will be submitted.

Additional Help

To obtain a certificate of expungement of a criminal record or termination of legal proceedings, you should send a request to the Ministry of Internal Affairs at your place of permanent residence. It should indicate the passport details of the person who has served his sentence. The certificate issued by the department must contain information about the status of the requested case:

under consideration;
extinguished;
charges were dropped.

In addition, you can order a certificate of expungement of a criminal record on the portal.

The norms of the Administrative Regulations provide for a 30-day period for issuing a certificate.

With this document and other necessary papers, the applicant must go to the department of the Main Department of Migration of the Ministry of Internal Affairs and write an application in the appropriate form for the issuance of an identity card for a citizen of the Russian Federation abroad. The information provided will be sent for verification to the Information Center (GIAC) of the Ministry of Internal Affairs of Russia. Its successful completion will allow you to receive a passport with a criminal record - expunged or removed.

The period for obtaining a travel identity card is one month when submitting an application at the place of registration and 4 months when applying in other regions of the country.

What to do in case of a suspended conviction

In accordance with Article 86 of the Criminal Code of the Russian Federation, a criminal record should be understood as the legal status of a citizen convicted of committing a crime. A suspended sentence is the same as a criminal record: a person was convicted of committing a crime, the court simply took into account certain circumstances and decided to impose a more lenient punishment. Therefore, information about the presence of a suspended criminal record must be indicated in the application form for a foreign passport. Although this issue is actively discussed in various forums, and many lawyers say that the presence of an expunged suspended criminal record need not be mentioned at all.

But there is also a “other side of the coin”. The fact is that migration service employees will definitely check the submitted information and bring the applicant to administrative responsibility for providing deliberately false data. They do not have the right to refuse to issue a foreign passport if they have an expunged or expunged criminal record, so it is better to honestly report that this fact took place and present the above certificates.

Additional nuances of obtaining a passport with a criminal record

Despite the above conditions, traveling abroad with a criminal record (even if it has not been expunged) is possible for those who have serious grounds:

or a trip to visit seriously ill loved ones,
or to a funeral.

In any case, documentary evidence of the fact must be provided.

If you don’t have to worry about whether they will give you a passport with a criminal record, then no one guarantees this when receiving a visa. Developed countries sometimes very carefully monitor who exactly applies for entry and obtaining permission. Therefore, it is impossible to answer in advance whether Schengen visas are granted with a criminal record. Everything will depend on the decision of the Consulate. Evidence of the applicant's current well-being can increase the chance of a positive outcome.

By the way, even with a criminal record, you can, without restrictions, visit countries accessible to Russian citizens without a foreign document. These are the Republic of Belarus, Ukraine, Kazakhstan and some others.

Let's summarize: the answer to the question of whether it is possible to obtain a foreign passport if there is a criminal record is clear - it is possible, but after the punishment has been completely terminated or the charge has been dropped against the accused. Naturally, it won’t be possible to get a passport in prison, for example. There is no particular difference in the procedure for obtaining a document. You just have to take with you a copy of the sentence and a certificate of release, and also truthfully indicate information about your criminal record in the application form.

Application form for a new international passport

Sample of filling out the application form for a foreign passport

Can being under investigation (detention) cause a refusal to issue a passport?

Being under investigation or being detained makes it impossible to obtain a foreign passport. Paragraph 3 of Article 15 of the Federal Law of August 15, 1996 “On the procedure for leaving the Russian Federation and entering the Russian Federation” No. 114-FZ provides that the right to leave (enter) the country may be temporarily limited for persons suspected of committing a crime or brought as defendants in a criminal case before the court makes a decision and the verdict comes into force.

However, there are some nuances that people who have problems with the law should definitely be aware of. They will be discussed below.

Restriction of movement with a criminal record

According to Article 15 of Federal Law No. 114-FZ Civil Code of August 15, 1996, certain restrictions on freedom of movement are provided for persons who have committed a serious violation of public order or a criminal offense. If a person is under investigation, serving a sentence (including a suspended sentence) or has an outstanding criminal record, he is prohibited from leaving the country.

Accordingly, it is impossible for him to obtain a foreign passport at this time. When issuing this document, a thorough check of the applicant’s biography is carried out and it will not be possible to hide the fact of a criminal record even if one wants to. But after serving your sentence, having a criminal record in your passport does not mean that you cannot obtain an exit ID card and travel to other states.

In addition, traveling abroad with a criminal record, even if it has not yet been expunged or closed, is possible to countries that are allowed to be visited with a general passport: for example, to Belarus or Kazakhstan.

Traveling outside the country before expunging or expunging a criminal record: what you need to know

Citizens who have problems with the law are wondering whether it is possible to obtain a passport with an outstanding criminal record. Many will probably be surprised, but such a possibility exists. There are several exceptions to the rules that allow you to travel abroad before your criminal record is cleared or expunged.

In particular, you can obtain an identification document for a citizen of the Russian Federation abroad and leave the country if the need arises:

urgently visit relatives and friends located outside the Russian Federation who have been diagnosed with a serious illness;
attend the funeral of family members.

In both cases, it is necessary to document the occurrence of unforeseen circumstances. Evidence may include documents (certificates) from medical institutions where relatives are being treated, death certificates, or telegrams sent accordingly with messages about the death.

Citizens who have problems with the law have the right to submit an application for urgent travel outside the Russian Federation with a request to be released from serving their sentence for the period of the trip.

What do citizens with a criminal record say about the possibility of obtaining a passport?

Obtaining a foreign identity card if you have a criminal record is a fairly pressing problem. Every year thousands of people come under investigation, many of whom subsequently take the “path of correction” and want to lead a normal life. It is quite understandable that Russians are discussing this important issue in various forums. Here's what people who have encountered a similar problem write.

“I had a sad experience. For 10 years I was listed in the database of the Central Bureau of the Ministry of Internal Affairs as a person under investigation in a criminal case. According to the court decision, I received a 3-year suspended sentence with a 2-year probationary period (God had mercy from the zone). Anticipating possible problems, I took a certificate from the Federal Penitentiary Service stating that the decision had entered into legal force and the probationary period had ended. So in 10 years I changed two passports. There were no questions. When submitting documents, each time I presented a copy of the certificate, which the inspector sitting at the reception certified with a seal. A request was sent to the Central Antimonopoly Service, to which the answer was that the foreign passport could not be issued, but they gave it to me because there was a certificate. A year ago, I contacted the prosecutor’s office with a request to make changes to the Central Antimonopoly Service. After that, I received another international passport without presenting a certificate. For those who have parole or restrictions (supervision or something else), a foreign passport is issued only if there are compelling reasons (this could be the death of a close relative, the need to travel for treatment). If there are no restrictions, even an outstanding criminal record will not prevent you from obtaining a foreign passport.”

Is it possible to get a passport if you have a criminal record?

Based on the above, it can be understood that the current legislation establishes a fairly large number of nuances affecting the procedure for obtaining a foreign passport, and before going to government agencies, it is best to familiarize yourself with them in advance.

Limitations and Disclaimers

Many citizens who were forced to spend several years of their lives in correctional institutions were faced with questions about the impact of a criminal record on obtaining a foreign passport. It also happens that a citizen who received a foreign certificate before he was given a certain punishment is then sent abroad, and in such a situation it will be necessary to carry out a preliminary check of the validity of the existing certificate. If necessary, this procedure can be carried out through the official website of the migration service.

Special attention should be paid to the fact that even if a person has a suspended sentence or an outstanding criminal record, it may not be taken into account in the process of obtaining a foreign passport in certain situations.

In the vast majority of cases, this norm is ignored if a person needs to visit a seriously ill family member living outside of Russia. In addition, a valid reason for issuing a permit to a person is the death of close relatives abroad.

In accordance with the norms of the above Federal Law No. 114, the following persons cannot apply for a passport:

citizens with access to particularly important or secret information;
persons on military duty or called up for alternative service;
citizens suspected or accused of various crimes;
ignoring obligations imposed on the basis of a court decision;
deliberately distorting information about themselves in the process of submitting all necessary documents;
working in the Federal Security Service;
declared bankrupt;
convicted of committing any crimes.

Redemption or withdrawal

If the criminal record has been completely expunged, this means that the citizen has the right to apply to the territorial divisions of the migration service to obtain a foreign passport.

The terms provided for expunging a criminal record directly depend on the specific article under which the person was convicted:

if a person is sentenced to a suspended sentence, then immediately after the end of the punishment period it is considered that the person has expunged his criminal record;
involving a citizen in performing correctional work or making payments provides for the possibility of obtaining a foreign passport only after fulfilling the relevant instructions;
if a citizen has committed some minor crimes, repayment will automatically occur within three years from the end of the punishment;
people who have been punished for committing a serious crime will be able to expunge their criminal record no earlier than eight years after serving their sentence.

The removal procedure is practically never encountered today, and in the vast majority of cases this is due to the complexity of this procedure, as well as the need to fulfill the appropriate conditions. A person’s criminal record can only be expunged through a judicial procedure, and the accused has the right to independently file a petition asking for the charges to be dropped.

Sample photo for international passport

Some nuances

First of all, as mentioned above, it is worth noting the fact that a citizen can be released from Russia if there is an outstanding criminal record if there are appropriate grounds. In this case, these grounds will need to be confirmed by various documents.

A positive response to an application for a foreign passport is most often only a partial solution to the problem associated with leaving Russia.

In practice, in this case, a person will only be able to go to some visa-free countries, since today the vast majority of states have a very negative attitude towards citizens whose biography has been tainted in this way, and therefore in the vast majority of cases they simply refuse to issue a visa .

Various debtors may be denied a visa. That is why it is best to simply “forget” about the status of a debtor when trying to go on some kind of vacation outside of Russia.

The reason why a citizen may not be allowed to leave the state may be due to the presence of overdue loans, receipts for utility bills, as well as fines or alimony. Any debt may ultimately be perceived by government officials as sufficient grounds to restrict a person's ability to travel abroad.