Criminal Record (Judicial Record) — Erasure, Archive Record and How to Check It

What is a criminal record and how is it erased? A comprehensive legal guide to the difference between the archive record and the criminal record, the conditions and periods for erasure, and how to check your record via e-Devlet.

The judicial record is the official register kept under Judicial Records Law No. 5352 in respect of final criminal convictions and the security measures listed in the statute. The scope of the records, their erasure, their transfer to the archive and their disclosure to authorised bodies are governed by the same Law.

What Is a Criminal Record and What Information Does It Contain?

The criminal record is, under Article 2 of Judicial Records Law No. 5352, the register kept in respect of Turkish citizens against whom there is a final decision imposing a penalty or security measure given by Turkish courts or by foreign courts and recognised under Turkish law, and in respect of foreigners who have committed an offence in Türkiye. The information to be entered in the judicial record is set out in detail in Article 4 of the Law.

The principal information entered in the criminal record is as follows: convictions imposing a prison sentence, decisions suspending a prison sentence, convictions imposing a judicial fine, decisions on alternative sanctions to short-term imprisonment, decisions depriving a person of the exercise of certain rights, decisions on security measures, and information that the execution of the sentence has been completed. Decisions deferring the announcement of the verdict (HAGB), by contrast, are recorded not in the criminal record but in a separate system.

The fundamental purpose of keeping a judicial record is to provide reliable information on a person's criminal history and to form the basis for applying the rules on recidivism. Under TCK Art. 58 the rules on recidivism are applied by reference to the information in the criminal record. The criminal record is also relied on in matters such as appointment to public office, the grant of a professional licence and the obtaining of certain permits.

What Is the Difference Between the Criminal Record and the Archive Record?

The criminal record and the archive record are frequently confused but are legally distinct. The criminal record is the register in which final convictions are actively kept. The archive record is the secondary register to which records are transferred once the conditions for erasure from the judicial record are met. In other words, records erased from the judicial record are not destroyed but transferred to the archive record.

Under Article 9 of Law No. 5352, the criminal record is erased and transferred to the archive record in situations such as completion of the execution of the penalty or security measure, withdrawal of complaint or effective remorse that extinguishes the conviction with all its consequences, expiry of the limitation period for the penalty, and a general amnesty. This transfer takes place automatically and no separate application is required. The scope of a judicial record certificate varies according to the purpose for which it is used and the authority requesting it. Archive information does not appear automatically on every e-Devlet certificate or on every certificate provided to a private employer.

What Are the Conditions for Erasure of the Criminal Record?

Erasure of the criminal record depends on the fulfilment of the conditions set out in Article 9 of Law No. 5352. As a rule erasure takes place of the authority's own motion and no separate application by the person concerned is required. In practice, however, an application may become necessary because of delays in the system.

The principal conditions required for erasure of the criminal record are as follows:

Upon erasure of the criminal record, the record is transferred automatically to the archive. The point to note here is that erasure does not mean complete destruction. Information transferred to the archive record continues to be retained until certain periods have expired.

What Are the Conditions and Periods for Erasure of the Archive Record?

The archive record is erased upon the death of the person concerned. For convictions giving rise to a deprivation of rights under Art. 76 of the Constitution or under statutes other than the Penal Code, the record is erased fifteen years after the date on which the conditions for transfer to the archive arose where a decision restoring forfeited rights has been obtained, and thirty years where no such decision has been obtained. For other convictions a five-year period applies, running from the date on which the conditions for transfer to the archive arose (Law No. 5352, Art. 12). It is not correct to say that “all archive records are erased after five years”.

Are Deferral of the Announcement of the Verdict (HAGB) Decisions Entered in the Judicial Record?

HAGB decisions are entered not in the criminal record but in a separate system that may be requested only by a public prosecutor, judge or court in connection with an investigation or prosecution. The system records are updated according to the decision at the end of the supervision period, whether dismissal or announcement of the verdict; it should not be generalised that all technical and institutional records are automatically “completely erased”. As regards the conditions, consequences and avenues of appeal for HAGB, the current CMK Art. 231, which entered into force on 31 July 2026, applies together with the transitional provisions relating to the date of the decision.

How Is a Criminal Record Checked via e-Devlet?

On e-Devlet a judicial record certificate is generated by selecting the institution to which the certificate will be given and the purpose of use. The scope of the certificate may vary according to the purpose and the authority entitled to request it; archive information does not appear automatically on every type of certificate. Foreign-language and apostille options are available according to the current service screen.

How Is an Application Made for Erasure of the Criminal Record?

Although erasure of the criminal record is as a rule carried out of the authority's own motion, in practice cases arise where the record has not been erased or has been erased late. In such cases the person concerned may apply to the Directorate General of Judicial Records and Statistics or to the chief public prosecutor's office in their locality and request erasure of the record.

Identity details and the execution and judgment documents evidencing the ground for erasure may be attached to the application; the institution also carries out its own examination of the electronic records. Where the response is negative, the avenue of recourse must be chosen by identifying the nature of the act and the legal basis of the request.

A similar application procedure may be followed for erasure of the archive record. If the conditions for erasure of the archive record are considered to have been met, an application may be made to the Directorate General of Judicial Records and Statistics. Where a decision restoring forfeited rights has been obtained, erasure of the archive record may also be requested on the basis of that decision.

What Is Restoration of Forfeited Rights and How Is It Requested?

Under Art. 13/A of Law No. 5352, restoration of forfeited rights may be requested where three years have passed since the completion of the execution of the penalty, the person has committed no new offence during that period and is considered to be of good conduct. Where the execution of the penalty was terminated for a legal reason other than a general amnesty or effective remorse, five years must have passed since the judgment became final, and that period must not be less than the period found by adding three years to the term of imprisonment imposed. The application is made to the court that gave the judgment or to a court of the same level in the convicted person's place of residence. The decision does not erase the archive record immediately; it affects the distinction between the fifteen-year and thirty-year periods.

What Effect Does a Criminal Record Have on Job Applications and Entry to Public Service?

Article 48/A-5 of Law No. 657 treats as an impediment a sentence of one year or more of imprisonment for an intentional offence and, even if covered by an amnesty, offences against the security of the state or the constitutional order, embezzlement, extortion in office, bribery, theft, fraud, forgery, abuse of trust, fraudulent bankruptcy, rigging of tenders and of the performance of obligations, laundering of assets derived from crime, and smuggling. Special statutes applicable to particular posts apply in addition. It cannot be said that archive information may be used without limit in every case during a security clearance; Law No. 7315 and the principle of proportionality apply.

Problems Encountered in Practice Concerning the Criminal Record

Various problems arise in practice with the judicial record system. Foremost among these is the failure to erase records on time. Cases in which the criminal record has not been erased and transferred to the archive despite completion of the execution of the sentence are frequently encountered in practice. In such cases the person appears to have a criminal record unjustly and may be deprived of various rights.

Another significant problem is the long retention of the archive record. The lengthy periods for erasure of the archive record can leave people at a disadvantage for many years because of an offence committed in the past. This is a significant problem particularly for those who committed an offence at a young age and have been reintegrated into society.

The fact that different institutions assess the judicial record certificate differently is another problem encountered in practice. Some institutions take account only of the criminal record, while others also assess the archive record. The absence of a uniform practice in this respect creates legal uncertainty.

Criminal Records of Children and Young People

Judicial and archive records relating to persons under the age of eighteen may, under Art. 10 of Law No. 5352, be requested only by chief public prosecutor's offices, judges or courts for assessment within the scope of an investigation or prosecution. There are no separate general “shorter erasure periods”; the protection consists essentially in restricting access.

Conclusion and Assessment

The criminal record is an important legal institution that carries the consequences of criminal proceedings into a person's life over a long period. Although Judicial Records Law No. 5352 lays down detailed rules on the keeping, erasure and archiving of records, various problems are encountered in practice. Obtaining legal support on matters such as erasure of the judicial and archive record, restoration of forfeited rights and checking records via e-Devlet is of considerable importance in protecting individuals' rights.

Legal notice: This article has been prepared for general information purposes and does not take the place of legal advice. If you are facing a specific legal problem concerning your criminal record you are advised to consult an attorney. Information may differ in line with legislative changes and current case law.

Frequently Asked Questions

Are all archive records erased after five years?

No; for certain convictions entailing deprivation of rights, periods of 15 or 30 years apply.

Does restoration of rights erase the record immediately?

No; it affects the calculation of the period.

What is the governing provision?

Article 13/A of Law No. 5352.

How are children's records protected?

Less by the erasure period than by the restricted access regime in Art. 10.