Rehabilitation - Clearing the judicial past

Rehabilitation - Clearing the judicial past

    The purpose of rehabilitation is to erase the conviction and to eliminate in the future the effects that the law has on the conviction itself. The desired result is achieved by a determination by which the convicted person can be rehabilitated by the court. The rehabilitation proceedings begin with a written request from the convicted person (or his heirs). A copy of the sentence shall be attached to it, in case the case is destroyed - a copy of the criminal record bulletin. Evidence is also needed that: 3 years have elapsed since the sentence imposed by the sentence has expired or the sentence reduced by work or pardon; in the same three years the convicted person did not commit another crime punishable by imprisonment or a more serious sentence; the convicted person showed good behavior; the damages caused by the crime have been recovered from the convicted person or there are good reasons for not fulfilling this condition. Rehabilitation is not allowed for those convicted of crimes against peace and humanity. The petition filed is considered at a court hearing, summoning the petitioner and the prosecutor. It is for the court to decide whether or not to grant the request. He makes a ruling that, once it enters into force, the person is considered unconvicted. Where the court does not grant the request, the petitioner may file an appeal, and on the other hand, provided that the prosecutor accepts the request, he may object to the court's order. This can happen within 7 days of the ruling being made for both parties. Where the application for rehabilitation is not granted, a new one may be submitted, but not earlier than one year after the determination is made.