KÜHEYLAN HUKUK
Deletion of Criminal Record and Archive Record: Conditions, Periods and Application Procedure Criminal Record, Archive Record and Return of Denied Rights within the Scope of Criminal Record Law No. 5352 Art. 9, Art. 12 and Art. 13/A This guide has been updated as of 2026, based on the Judicial Records Law No. 5352, the Judicial Records Regulation and the Supreme Court case law.
Criminal record record and archive record are two different types of records. When the execution of the sentence or security measure is completed, the record is deleted from the criminal record; However, it does not disappear completely, it is transferred to the archive. In cases of convictions that do not result in deprivation of rights, the archive record is deleted after five years have passed from the date on which the conditions for inclusion in the archive are met. For convictions that result in deprivation of rights, the period is fifteen years provided that a decision is made to restore prohibited rights, and thirty years without this decision. In cases where the act is decriminalized by law, an acquittal decision is made as a result of reversal in the interest of law or the renewal of the trial, the records are completely deleted without waiting for a period of time. Decisions to postpone the announcement of the verdict are not recorded in the judicial record; It is kept in its own separate system and does not appear on the criminal record.
1. Execution is Over, Why Is the Record Still Visible?
Most people who serve their sentence or pay the judicial fine think that their record will be automatically and completely erased. The picture encountered in practice is different. Completion of execution does not eliminate the record; It only moves it from the criminal record to the archive. The archive record is a record that can also be queried in applications for civil service, license, tender and certain professions.
In addition, there are frequent cases where the record remains intact due to systemic delays, even though the deletion must be done ex officio. The guide covers the difference between criminal record and archive record, the conditions and periods for deletion of both records, the institution of restoration of prohibited rights and the application procedure.
2. What is recorded in the criminal record and what is not?
Criminal registry is the official record system where finalized criminal convictions are kept and managed by the General Directorate of Judicial Records and Statistics affiliated with the Ministry of Justice. It is popularly referred to as a criminal record. Any decision that is not final cannot be recorded in the judicial record.
Decisions recorded in the judicial record include prison sentences, judicial fines, suspended prison sentences, security measures ordered, decisions regarding conditional release and its withdrawal, decisions regarding probation measures, and information that the execution of the sentence has been completed.
The decisions that are not recorded in the judicial record are the decisions of acquittal, dismissal, non-prosecution and postponement of the announcement of the verdict. The rule is that these decisions do not appear in the registry; An inadvertent acquittal should be requested to be corrected immediately.
Decisions to postpone the announcement of the verdict are not recorded in the judicial record. These decisions are kept in a separate system and can only be given if requested by the public prosecutor, judge or court in connection with an investigation or prosecution. Therefore, this record does not appear in the criminal record document obtained for the job application or license process. If the audit period is completed by complying with the obligations, the case is decided to be dismissed and the record is removed from this system.
Contents Current convictions whose execution has not yet been completed Former convictions deleted from the criminal record
Deletion condition Completion of execution and other situations listed in the law Certain periods of time have passed since the date on which the conditions for inclusion in the archive are met.
Conclusion The deleted record is transferred to the archive Once the period expires, the recording disappears completely.
Who can see The person himself or his representative, judicial authorities, election boards, institutions authorized by special law Same environment; It is also questioned in applications for civil service, license and certain professions.
The criminal record record regarding the conviction is deleted and archived by the General Directorate of Criminal Records and Statistics in case one of the following situations occurs.
Completion of the execution of the sentence or security measure.
Renunciation of the complaint or effective regret that eliminates the criminal conviction with all its consequences.
Penal statute of limitations has expired.
Amnesty.
As a rule, this deletion is done ex officio and does not require a separate application. However, if the record continues to appear in the system despite the conditions being met, a request for deletion must be made through a petition. In practice, this delay; This is due to reasons such as late processing of execution information into the system, lack of a record of payment of the judicial fine, or the probation file not appearing to be closed.
If the prison sentence is suspended, the conviction is recorded in the criminal record. If the supervision period is completed in accordance with the obligations and with good behavior, the penalty is deemed to have been executed; At this stage, the record is deleted from the criminal record and transferred to the archive. The most concrete difference between postponement and postponement of the announcement of the verdict emerges here: while the postponement appears in the record, the postponement of the announcement of the verdict does not.
Complete deletion of the archive record is subject to longer periods and stricter conditions than the criminal record record. The periods begin to run from the date the conditions for the record to be archived are met.
Convictions that do not result in deprivation of rights 5 years No additional conditions required
Convictions that cause deprivation of rights in laws other than the Constitution Article 76 and the Turkish Penal Code 15 years A decision must be made to restore prohibited rights
Convictions of the same nature 30 years A decision to return prohibited rights is not required
Decriminalization of the act: If the act is decriminalized by the amendment of the law, the criminal record and archive records related to the conviction for this crime will be completely deleted without any request.
Reversal in the interest of law or retrial: If, as a result of these methods, the decision that there is no need for acquittal or punishment is given and finalized, the criminal record and archive record regarding the previous conviction will be completely erased.
Security measures due to mental illness: Records regarding security measures ordered due to mental illness are completely deleted upon completion of the execution.
Death of the person concerned: In case of death, both the criminal record and the archive record are completely deleted.
These cases constitute an exception to the waiting periods for archive recording and are the fastest way to obtain results in practice. In particular, the elimination of a finalized conviction by reversal for the sake of law has a direct result in terms of complete erasure of the record.
Deprivations of rights imposed by laws other than the Turkish Penal Code due to conviction for a certain crime or a certain penalty may continue after the consequences of the conviction have ended. The way to eliminate these deprivations is to return the prohibited rights regulated in Article 13/A of Law No. 5352.
Three years have passed from the date of completion of the execution of the sentenced sentence.
The person has not committed a new crime during this period.
The court is satisfied that he is living his life in good behavior.
The judicial fine and trial expenses that are obliged to be paid have been paid.
The request is submitted to the court that gave the verdict or to the court of the same degree where the convict resides. An objection can be filed against the decision in the Code of Criminal Procedure. If the decision becomes final, it is recorded in the archive record and constitutes the condition for the archive record to be deleted after the fifteen-year period expires.
The scope of this institution is limited. A separate regulation applies to the deprivation of rights regulated in Article 53 of the Turkish Penal Code and arising as a legal consequence of conviction; The institution is mainly aimed at indefinite deprivations under special laws.
Record inquiries can be made via e-Government or from criminal record units in courthouses. When requesting a document, the purpose of use must be chosen correctly; The document that includes the archive record and the document that only shows the criminal record are different from each other.
If it is determined that the recording continues even though the deletion conditions are met, the procedure to be followed is as follows:
The court decision on which the record is based, the finalization annotation and documents showing that the execution has been completed are collected.
If a judicial fine has been paid, a receipt for payment is attached. If probation has been imposed, a letter stating that the file has been closed is added.
The petition containing the request for deletion is forwarded to the General Directorate of Criminal Records and Statistics or through the criminal registry unit at the location.
If it is requested for archival records, it is clearly stated in the petition that the period has expired and that the conviction does not result in deprivation of rights.
In case the request is rejected, since the transaction is administrative in nature, a lawsuit for annulment will be filed in the administrative court.
Criminal records and archive records of persons who were under eighteen years of age at the time of committing the act are subject to a special regime. These records may only be requested by chief public prosecutors' offices, judges or courts to be evaluated within the scope of an investigation or prosecution. The aim is to prevent an act committed in childhood from creating a permanent obstacle in adult life.
The judicial fine imposed on a person in 2016 was finalized, the fine was paid and the execution was completed in 2017. When the person applied to a public institution in 2026, he was asked for a criminal record document, including the archive record, and it was understood that the old conviction appeared in the document as an archive record.
In 2017, when the execution was completed, the record should have been deleted from the criminal record and archived. As long as the conviction is related to a judicial fine and does not result in deprivation of rights under a law other than the Turkish Penal Code, the period to be applied in terms of archive records is five years. Since this period will expire in 2022, the record is expected to be completely deleted as of today. If the record is still visible, an application for deletion must be made to the General Directorate of Judicial Records and Statistics by attaching the final decision and the payment receipt. If the request is rejected, an annulment lawsuit is open to the administrative court. If it is determined that the conviction causes deprivation of rights under a special law, the period is calculated as fifteen or thirty years, not five years, and a decision must be made to return the prohibited rights for the fifteen-year period.
Once the execution is over, is the criminal record completely erased?
No. Completion of the execution deletes the record from the criminal record, but the record is transferred to the archive. In order for it to be completely deleted, the periods stipulated for archive records must expire or one of the exceptional circumstances listed in the law must occur.
Will the postponement of the announcement of the verdict appear on the criminal record?
No. These decisions are not recorded in the judicial record, are kept in a separate system and can only be requested by judicial authorities in connection with an investigation or prosecution. It does not appear in the document received for the job application.
Should we wait five or thirty years for archive recording?
What is decisive is whether the conviction results in deprivation of rights under a law other than the Turkish Penal Code. If she does not give birth, the period is five years. If it does, fifteen years must pass provided that a decision is made to restore the prohibited rights, and thirty years must pass without this decision.
Is the acquittal decision recorded in the record?
No. Acquittal, dismissal and non-prosecution decisions are not recorded in the judicial record. If there is a record processed inadvertently, correction should be requested.
When the record is expunged, is the old conviction taken as a basis for recidivism?
Expungement from the criminal record and the application of recidivism provisions are different issues. In terms of recidivism, the periods stipulated in the Turkish Penal Code are also evaluated; The fact that the record has been archived does not alone eliminate the risk of recidivism.
Are there people who have their records erased for a fee?
No. Criminal registry and archive records are deleted only when the conditions listed in the law are met. The statements of people who demand money by claiming to delete their records in exchange for a fee lack legal basis.
Wrong request for document type: Just because the document showing the criminal record appears clean does not mean that there is no archive record. In civil service and license applications, documents including archive records are questioned.
Calculating the period from the wrong start: Archive recording periods start from the date when the conditions for the record to be archived are met, not from the date of conviction.
Overlooking the conviction that causes deprivation of rights: If there is a deprivation stipulated in special laws, the period is not five years; Applications made assuming five years are rejected.
Bypassing the method of returning prohibited rights: The functioning of the fifteen-year period depends on this decision. If the period is merely waited to pass without making a decision, the period is applied as thirty years.
Failure to include payment and execution documents: The request for deletion remains inconclusive if it is not supported by documents showing that the execution has been completed.
Criminal and archive records are a technical obstacle that stands in the way of a person's applications for civil service, license, tender and profession, often unnoticed. Determining which category the record falls into, calculating the periods from the correct starting date, examining whether the conviction causes deprivation of rights under a special law, and resorting to the restoration of prohibited rights when necessary are the steps that directly determine the result. Küheylan Law Firm provides legal support in examining criminal records and archive records, preparing applications based on deletion requests, cases for the return of prohibited rights, and cancellation cases to be filed in case the request is rejected.
Important Legal Notice: The legal explanations and sample scenarios in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. Since the unique circumstances of each file may change the outcome, it is recommended to seek legal support from a lawyer from the first stage of the process. © 2026 Küheylan Law Firm. All rights reserved.
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