DOCUMENTS FOR AUTOMATIC REMISSION OF PREVIOUS CRIMINAL CONVICTION FOR FOREIGNERS
Legal basis:
– Law on Judicial Records 2009;
– Circular No. 16/2013/TT-BTP.
Automatic conviction expungement is granted to foreigners convicted of crimes after they have served their primary sentences, probation period of a suspended sentence or when the time limit for sentence execution expires. Conviction expungement helps them integrate into the community, creating conditions for them to have a clean criminal record.
To have the conviction expunged, foreigners can submit their own documents at the Department of Justice, including:
– Application for confirmation of record expungement;
– Certificate of completing prison sentence from the prison where the sentence is served;
– Certificate from the civil judgment enforcement agency confirming the completion of compensation, court fees, and fines;
– Certificate of not having committed a new crime which is issued by the district Police where the convicted person permanently resides;
– The extract of Criminal Judgment;
– Application form No. 03/2013/TT-LLTP;
– Certified copy of passport and visa of the person whose criminal record is requested to be expunged;
– Notarized copy of temporary residence registration.
Foreigners can authorize others to submit documents, including:
– Application for confirmation of record expungement;
– Certificate of completing prison sentence from the prison where the sentence is served;
– Certificate from the civil judgment enforcement agency confirming the completion of compensation, court fees, and fines;
– Certificate of not having committed a new crime which is issued by the district Police where the convicted person permanently resides;
– The extract of Criminal Judgment;
– Application form No. 04/2013/TT-LLTP;
– Certified copy of passport and visa of the person whose criminal record is requested to be expunged;
– Notarized copy of temporary residence registration certificate;
– Authorization document to submit documents and legal documents of the authorized person.