There is a significant amount of misinformation regarding how criminal records can be cleared. To put an end to this misinformation spread among the public and across digital media about criminal records, and to leave no aspect of the subject unilluminated, Başbuğ&Zanbak Law Firm has decided to prepare a comprehensive guide. We wish you a pleasant read.

What is a Criminal Record?

In Turkey, there is a considerable number of individuals with criminal and archive records. There is a great deal of misinformation, stemming from hearsay and half-truths, regarding this matter. What exactly does a criminal record signify, which everyone encounters in some form? What is a criminal record, commonly known as a criminal record among the public? Let’s explore its dictionary meaning and what it represents in real life.

The dictionary definition of a criminal record, or more commonly known as a criminal record, is: “A crime committed in the past, for which a sentence has been handed down by a court (Eng. Criminal Record).” Based on this definition, we can say that a criminal record consists of the following elements (cumulatively):

1. There must have been a crime committed in the past,
2. This crime must have been punished by a court (criminal court),
3. The sentence given must have become final.

All these criteria must be met to speak of the existence of a criminal record. However, it is essential to note that all three conditions are mandatory. For example, a crime committed in the past might have received a sentence from a criminal court, and the case might have been appealed. However, if this sentence has not yet become final, it will not appear on the criminal record. Such a sentence would only appear in the GBT (General Information Gathering System). We will discuss what GBT is in other articles.

Apart from the dictionary meaning, what does a criminal record mean in terms of Turkish legal practice? A criminal record, or criminal record, refers to all criminal records of Turkish citizens who have been convicted of a crime they committed in the past by Turkish criminal courts or foreign courts and whose conviction has become final, as well as foreigners who have committed crimes in Turkey.

Which Sentences Are Recorded in the Criminal Record?

Sentences, according to the fundamental principle of execution of sentences, are recorded in the system of the Directorate General of Judicial Records and Statistics of the Republic of Turkey upon becoming final. Are all sentences recorded in the criminal record? No. Not all sentences a person receives are recorded in the criminal record once they become final. So, which sentences are recorded when they become final? Let’s explain in detail.

• Final imprisonment sentences are recorded in the criminal record. The following information regarding imprisonment sentences will be recorded:

• • The conviction decision regarding the imprisonment sentence,
  • The decision for conditional release,
  • The decision to extend the probation period during conditional release,
  • The decision to revoke conditional release,
  • The fact that the imprisonment sentence has been fully executed (Execution Certificate).

• Suspended imprisonment sentences under Article 51 of the Turkish Penal Code No. 5237 are recorded in the criminal record. The following information regarding suspended sentences is recorded:

• • The probation period,
  • The fact that the sentence is considered executed due to the probation period being completed in accordance with obligations and in good behavior,
  • The decision to enforce the suspended imprisonment sentence in a correctional institution.

• Final criminal fines are recorded in the criminal record. The following matters regarding criminal fines are recorded in the criminal record:

• • The conviction for the criminal fine,
  • The fact that the criminal fine has been executed by payment,
  • The fact that the criminal fine has been partially or fully executed by coercive imprisonment,
  • The fact that the remaining part of the criminal fine after coercive imprisonment has been executed by payment.

• Cases where short-term imprisonment is converted into an alternative sanction are recorded in the criminal record. The following matters regarding short-term imprisonment sentences converted into alternative sanctions are recorded:

• • The sentence to a criminal fine or the imposition of a security measure as an alternative to short-term imprisonment,
  • The decision to enforce the imprisonment sentence due to non-compliance with the requirements of a security measure imposed as an alternative to short-term imprisonment,
  • The decision to change the security measure imposed as an alternative to short-term imprisonment.

• Decisions to deprive certain rights under Article 53 of the Turkish Penal Code No. 5237 (Prohibited Rights) are recorded in the criminal record. The following matters regarding prohibited rights are recorded:

• • The decision on the exception to the deprivation of certain rights due to the suspension of the sentence for a deliberate crime,
  • The decision prohibiting the exercise of certain rights or the practice of certain professions or crafts, or the revocation of a driver’s license in connection with the conviction.
• The decision given by the court upon the request of the public prosecutor regarding the deprivation of rights resulting from a final conviction sentence by a foreign court against a Turkish citizen is recorded in the criminal record.  
• Decisions made due to the withdrawal of a complaint or active repentance that completely nullify the criminal conviction are recorded in the criminal record.  
• Decisions regarding the determination that the statute of limitations for a crime has expired are recorded in the criminal record.  
• A law or presidential decree on general or special amnesty is recorded in the criminal record.  
• Secondary penalties in convictions under the Military Penal Code are recorded in the criminal record.  
• Decisions regarding security measures imposed due to mental illness are recorded in the Judicial Record system.  

Which Sentences Are Not Recorded in the Criminal Record?

We have seen which crimes and sentences are recorded in the criminal record. So, which crimes or types of sentences are not recorded in the judicial record system?

Unfinalized sentences are never recorded in the criminal record. Only finalized sentences are recorded in the criminal record. It should not be confused with GBT, where unfinalized sentences are visible. The following sentences, even if finalized, will not be recorded:

1. Convictions for disciplinary offenses are not recorded in the criminal record.  
2. Convictions based solely on military law are not recorded.  
3. Disciplinary imprisonment is not recorded in the criminal record.  
4. Coercive imprisonment is not recorded in the criminal record.  
5. Administrative fines are not recorded in the judicial record system.  

There are also two types of decisions recorded in a special register, which only the judges and prosecutors handling the case can see, which we will discuss in detail later: the postponement of the announcement of the judgment (HAGB) and the deferral of the public prosecution. These decisions are entered into a special record not visible to ordinary citizens.

How to Clear a Criminal Record?

After all these explanations, we come to perhaps the most fundamental and important question we could write about regarding criminal records: How and when is a criminal record cleared? First, we will examine how the clearing of criminal records is regulated under Law No. 5352 on Judicial Records and its implementing regulation, and then we will discuss how it works in practice.

According to judicial record legislation, criminal records are cleared and archived under the following circumstances:

1. Completion of the execution of the sentence or security measure,
2. Withdrawal of a complaint or active repentance that completely nullifies the criminal conviction,
3. Expiration of the statute of limitations,
4. General amnesty,
5. Upon the death of the individual (completely erased without archiving),
6. For final convictions for imprisonment issued by foreign courts against Turkish citizens, after the period specified in the conviction has elapsed.

Although many scenarios are addressed in judicial record legislation, in practice, the vast majority proceed under the first condition: completion of execution. Once the sentence for a final conviction has been fully executed, and an execution certificate has been issued, the criminal record will be cleared and archived.

What Do the “C” and “Y” Letters Mean in the Criminal Record?

In criminal records, as seen in the example, there are “C” and “Y” letters. What do these letters signify, and what do they mean?

The “C” in the criminal record represents the conviction sheet, and the “Y” represents the execution sheet. What is the significance and meaning of the conviction sheet and the execution sheet in terms of criminal records?

Conviction Sheet: It refers to the information sheet prepared for notification to the judicial record for final convictions, secondary penalties, and security measures issued by Turkish courts.

Execution Sheet: It refers to the information sheet indicating that imprisonment and financial penalties have been executed, that the term for secondary penalties and security measures has ended, or that in cases where financial penalties are converted to imprisonment, the execution has been completed.

When Does Execution End?

We mentioned that the criminal record can only be cleared upon the completion of the execution of a final conviction. When does execution truly end, and when do we gain the right to have our criminal record cleared?

In Turkey, with frequent changes to execution laws and the daily introduction of correct or incorrect information regarding execution, there is an incredible amount of misinformation about the execution of sentences. Unless one specializes in this area, even legal professionals do not fully understand execution law. Therefore, citizens are unaware of when their execution regime truly ends.

Among citizens, the end of execution is mistakenly thought to be the release date from prison or the end of probation, but none of these are correct. The term “execution ends” refers to the “Earned Release” date. Execution only ends with the passing of the earned release date, and the criminal record is cleared and archived only after the earned release date has passed. The earned release date is written in the sentence document given to the convict on the day execution begins.

What is a Judicial Archive Record?

Everyone has some idea of what a criminal record is. There is even a misconception like “Criminal records are cleared after 5 years.” But what happens to a cleared criminal record? The answer is what we can briefly call an archive, or more formally, a judicial archive record.

A judicial archive record is where cleared criminal (conviction) records are stored. Like the criminal record, these archive records are maintained by the Directorate General of Judicial Records and Statistics of the Ministry of Justice of the Republic of Turkey until they are due to be cleared.

An important distinction between a criminal record and a judicial archive record is that not everyone with a criminal record will have an archive record, nor is it mandatory for everyone with an archive record to have a current criminal record. This distinction is critical because in the private sector, it’s rare for an archive record to be requested. If your criminal record is cleared and archived, your criminal record won’t show, only the archive record persists, which typically means you can find employment in most private sectors without issues.

When is a criminal record cleared and archived? The criminal record will be cleared and archived upon the occurrence of one of the following six conditions:

1. Complete execution of the sentence or security measure,
2. Withdrawal of a complaint or active repentance that nullifies the conviction entirely,
3. Expiration of the statute of limitations,
4. General amnesty,
5. Upon the death of the person with a criminal record (completely erased without archiving),
6. For convictions involving deprivation of liberty issued by foreign courts against Turkish citizens, the criminal record is cleared and archived when the period specified in the conviction has elapsed from the date of finality.

Here, the first condition is the most significant and commonly applied. However, it must be clarified when the execution is considered complete. Execution only ends once the earned release date has passed. After the earned release date, an “Execution Certificate” is issued stating that the sentence has been served. Your criminal record is cleared and archived at the moment this execution certificate is recorded in the judicial record.

How Does the Sentence Document (Müddetname) Affect the Criminal Record?

We rightfully discussed the concept of “Earned Release Date” frequently regarding the clearing or archiving of the criminal record. To have the criminal record cleared and archived, we need an execution certificate, which we can only request after the earned release date has passed. How can we find out the earned release date in the easiest and quickest way?

The shortest way to find out the earned release date is through the sentence document (müddetname). The earned release date must be included in the müddetname. But what is a müddetname?

A müddetname is too extensive, detailed, and significant to be just a subtopic of our guide on clearing criminal and archive records. We will explore the müddetname in detail in our guide on execution of sentences and penalties, but given its importance for criminal and archive records, it would not be right to pass without a brief and clear mention. Now, let’s define the müddetname.

A müddetname is a document that includes the duration of the sentence restricting freedom, the date of admission to the correctional facility, the conditional release date, and the earned release date. It is issued by the Office of the Public Prosecutor. Although commonly referred to as müddetname in practice, its legal name in the Execution Law is “duration document.” According to Article 20 of the Execution Law, which regulates the müddetname, a document specifying the date of admission to and release from the correctional facility, the duration of the sentence, and the conviction it relates to shall be given to the convict by the Public Prosecutor’s Office. This document is known in practice as the müddetname.

Who Can View Criminal and Archive Records?

It is indisputable that criminal and archive records are personal data. Indeed, Article 11 of Law No. 5352 on Judicial Records states: “Judicial record and archive information are confidential. This information cannot be disclosed by officials and cannot be used by the persons, institutions, or organizations to whom it is given under this Law for any purpose other than the purpose for which it was given.” So, who can view or request these records?

The Judicial Records Law categorizes those who can request and view judicial and archive records. According to the Judicial Records Law:

• Who can request Judicial Archive Records:  

• • With the purpose of use specified, the person themselves or their attorney, provided that it is explicitly stated in the power of attorney, Public prosecutor’s offices, judges, or courts within the scope of an investigation or prosecution, Authorized election boards (Supreme Election Council), In cases specified by special laws, relevant public institutions and organizations can request them.
  • Unless explicitly stated in the law, judicial and archive records cannot be requested regarding a relative in relation to a decision or action concerning the individual, nor can they be used as a basis for depriving someone of any rights (principle of individual criminal responsibility).
  • Judicial and archive records for those under eighteen years can only be requested by public prosecutor’s offices, judges, or courts for evaluation within the scope of investigation or prosecution.

• Who can be granted the right to view judicial and archive records:  

• • In the context of an investigation or prosecution for a crime, judicial and archive records can be:
    • Directly by the court, judge, or Public Prosecutor’s Office,
    • By law enforcement (Police and Gendarmerie) and other public institutions and organizations, with the approval of the Minister of Justice.

• • Public institutions and organizations can perform inquiries in judicial and archive records within the framework of procedures and principles determined by the Ministry of Justice of the Republic of Turkey where the legislation requires judicial and archive records to be obtained. Individuals can also inquire about their own judicial and archive records using secure identity verification tools as determined by the Ministry of Justice of the Republic of Turkey and can submit the results physically or electronically to the relevant authority.

How to Clear a Judicial Archive Record?

Perhaps the most crucial question regarding judicial archive records is: When and how are they cleared? Despite myths like “they are cleared after 5 years,” this isn’t entirely accurate. Here, we will explain when and how judicial archive records are cleared based on the law and practices of the Directorate General of Judicial Records and Statistics, aiming to clarify this matter.

The clearing of judicial archive information is regulated in Article 12 of Law No. 5352 on Judicial Records and Article 13 of the Judicial Records Regulation. There are also precedents developed by the Directorate General of Judicial Records and Statistics in the application of this law and regulation. Considering all these together, the process of clearing judicial archive records will be as follows:

• Judicial archive records can be cleared:

• • Upon the death of the person with an archive record,
  • For convictions causing deprivation of rights under Article 76 of the Constitution or laws other than the Turkish Penal Code, from the date the conditions for archiving are met:

• • • Upon the decision to restore prohibited rights, after fifteen years,
    • Without the condition of restoring prohibited rights, after thirty years,

• • For other convictions, after five years from when the conditions for archiving are met (this is the most confusing regulation, unfortunately. As of 2024, the five-year clearing period applies only to criminal fines, and even this period lacks complete clarity).

• If the crime recorded in the archive is decriminalized by law, the judicial and archive records related to that conviction are cleared without any request.
• If a decision of acquittal or no grounds for conviction is made following an appeal for the benefit of the law (CMK 309) or a retrial (CMK 311), the judicial and archive records related to the previous conviction are completely cleared. A positive outcome from extraordinary legal remedies will naturally affect the judicial and archive records. You can access our article on extraordinary legal remedies here.
• Records concerning security measures imposed due to mental illness are completely cleared upon completion of execution without archiving.

Deprivation of Certain Rights (TCK 53) – What is it?

Security measures are regulated in Book One, Part Three, Section Two of the Turkish Penal Code No. 5237. Within this section, Article 53 addresses the deprivation of certain rights. According to the measure outlined in this article, individuals convicted of imprisonment for an intentional crime are prevented from exercising certain rights for a specified period. So, what are the conditions for deprivation of certain rights?

1. There must be an intentional crime.
2. An imprisonment sentence must have been imposed.

The deprivation of certain rights is a legal consequence of conviction for an intentional crime that results in imprisonment; therefore, the court does not need to issue a separate decision regarding the perpetrator in its judgment. The absence of an explicit mention in the court’s decision to deprive the convict of certain rights does not grant the convict any acquired rights. What are the exceptions to the deprivation of certain rights?

• The deprivation of rights does not apply to individuals who were under 18 years old at the time of committing the criminal act.
• The deprivation of rights does not apply to those whose short-term imprisonment sentences have been suspended.
• For negligent crimes, deprivation of rights can apply in the following two scenarios:

1. 1. If there has been a breach of the duty of care and diligence required by a particular profession or trade.
   2. If there has been a breach of the duty of care and diligence required by traffic regulations.

There is no provision in the Turkish Penal Code No. 5237 for lifelong deprivation of rights. Therefore, as a rule, the deprivation of rights ends with the full execution of the imprisonment sentence. “Pursuant to Article 53/5 of the TCK No. 5237, instead of deciding to prohibit the defendant from exercising the rights and powers specified in paragraph 1(a) of the same article, deciding to disqualify the defendant from public office for a period of 10 years is contrary to the law, and therefore, the appeals by the participant and the defendant’s counsel are found to be justified.” (Court of Cassation, 5th Criminal Chamber, 2007/6641 E., 2011/633 K., dated 11.02.2011.)

In contrast to the TCK, some special laws do have provisions that can cause lifelong deprivation of rights (e.g., Banking Act, Article 8). So, what can be done against regulations outside the TCK that might lead to lifelong deprivation of rights? The answer to this question lies in the concept of “restoration of prohibited rights” regulated in Article 13/A of Law No. 5352 on Judicial Records.

What is the Restoration of Prohibited Rights (Judicial Records Law 13/A)?

One of the purposes of sentence execution is the rehabilitation of the convict. Conversely, permanently depriving someone of certain rights would not be just. To mitigate such potential drawbacks, if the convict has spent a certain period in good behavior and complied with other conditions outlined in the Judicial Records Law, they can regain the rights they were deprived of through the institution of “restoration of prohibited rights.” So, how can an individual obtain a decision for the restoration of prohibited rights?

Firstly, the following two conditions must be met:

1. Three years must have passed since the completion of the execution of the sentence imposed,
2. The individual must not have committed any new crime during this period and must have lived in good behavior, such that a court forms an opinion to this effect.

“The first requirement for the restoration of prohibited rights is that the sentence must have been executed. What is meant by the completion of execution is that the sentence has been fully served. Therefore, in the case of imprisonment, the period is calculated from the date of unconditional (full) release, not from conditional release. The second requirement for the restoration of prohibited rights is that the individual must not have committed any new crime during this period and must have lived in good behavior, such that a court forms an opinion to this effect.” (Court of Cassation, 2nd Criminal Chamber, 2012/24202 E., 2013/18514 K., dated 04.07.2013.)

For the restoration of prohibited rights, upon the request of the convict or their attorney, a decision must be made by either the court that issued the sentence or by a court of the same level at the convict’s place of residence.

Against the decision made by the court regarding the request for restoration of prohibited rights, appeal is possible according to the legal remedies provided for in the Code of Criminal Procedure. This legal remedy is either an appeal or a cassation, depending on the date the decision was made. “The decision dated 12.03.2018, stating that there is no reason to decide on the convict’s application for the restoration of prohibited rights, was appealed, and the file was sent to our Chamber. However, since the said decision was made after the Regional Courts of Justice became operational on 20.07.2016, it is subject to appeal in accordance with Article 13/A, paragraph 5 of Law No. 5352 on Judicial Records and Article 272 of the Code of Criminal Procedure No. 5271…” (Court of Cassation, 3rd Criminal Chamber, 2020/19822 E., 2020/12491 K., dated 05.10.2020.)

Upon the finalization of the decision regarding the restoration of prohibited rights, it is recorded in the judicial archive record. The decision for the restoration of prohibited rights will appear in the judicial record as the letter “T,” indicating a secondary decision sheet.

 

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