This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Adli Sicil (Sabıka) Kaydı Nasıl Silinir?.
There are two separate records: the criminal record and the archive record. When the sentence has been served the criminal record is deleted — but the entry does not disappear; it is transferred to the archive. The "criminal record certificate" asked for in job applications does not as a rule show the archive record; a certificate including it is required only for matters such as appointment to public office.
Distinguishing the two is what most people get wrong, and it leads them either to make unnecessary applications or to give up on a job they were entitled to take.
The Two Records
Act No. 5352 on Criminal Records provides for two.
The criminal record holds final convictions. Under art. 9, once the sentence or security measure has been fully executed, the entry is deleted and moved to the archive record. No application is needed; it happens automatically.
The archive record is the second register holding the deleted entry. It is not open to everyone and can be seen only in the cases the statute lists and by particular institutions.
So most people who say "my record has not been cleared" are in fact talking about the archive record.
Which One an Employer Sees
Two different certificates are issued in practice, and the difference is decisive.
The criminal record certificate is what most private-sector applications ask for, and it shows clear once the sentence has been served.
The criminal record and archive certificate is required for public office, firearms licences, some professional applications and posts requiring a security vetting. The archive record appears there.
Even then it is not automatically a bar. The legislation sets out which offences disqualify a person from which posts; not every conviction bars every job.
You can obtain the certificate free of charge through the e-government portal. Ask the body you are applying to which type it needs, and do not submit a certificate including the archive record unnecessarily.
When the Archive Record Is Deleted
- On the person's death;
- On the expiry of the statutory periods;
- On a general amnesty;
- Where the act ceases to be an offence.
Deletion before the period expires is a matter for the court, on the person's application — not an administrative decision of the criminal records office.
To lift the forfeiture of rights attaching to a conviction, an application for the restoration of forfeited rights is available (Act 5352 art. 13/A). It requires that a defined period has passed since the sentence was served and that no new offence has been committed in that time.
| Criminal record | Archive record | |
|---|---|---|
| When it arises | On a conviction becoming final | When the criminal record is deleted |
| When it is deleted | When the sentence is fully executed | On expiry of the statutory periods |
| Visible in an ordinary job application | Yes | As a rule no |
| Visible on appointment to public office | Yes | Yes |
| Application needed for deletion | No, automatic | Yes, once the conditions are met |
| Where obtained | e-government portal or courthouse | e-government portal or courthouse |
Deferred judgments are not entered in the criminal record; they are held in a separate system visible only to defined institutions.
How to Apply
- Obtain your current record. Take the certificate including both the criminal and archive record from the e-government portal; do not apply without knowing what actually appears.
- Document that the sentence is served. Was the judicial fine paid? Are the probation obligations complete? Obtain a letter from the enforcement prosecutor confirming execution is complete.
- Make the administrative application. Where an entry should have been deleted but remains, apply in writing to the Directorate General of Criminal Records and Statistics.
- Go to court if necessary. Where deletion is sought before the period expires, or the administrative application fails, a court decision is sought.
The commonest mistake is applying before execution is complete. An unpaid judicial fine or continuing probation obligation means the sentence is not yet served, and the application is refused.
Deferred Judgments
A decision deferring the announcement of the judgment is not entered in the criminal record. Such decisions are held in a separate system for that purpose alone and do not appear on a general criminal record certificate.
If the supervision period passes without incident, the case is dismissed. If a deliberate offence is committed during it, the judgment is announced and is then entered on the record.
Likewise acquittals, decisions not to prosecute and dismissals are not recorded as convictions.
The criminal record is deleted and moved to the archive without any application once the sentence is served. The issue is usually the archive record — and that is not asked for in most job applications. Before applying for anything, take your current certificate from the e-government portal and see what actually appears.
Frequently Asked Questions
What is the difference between the two records?
The criminal record is deleted automatically when the sentence is served and moved to the archive. The archive record is subject to separate periods and visible only in the cases the statute lists.
Do I have to apply to have my record cleared?
Not for the criminal record — it is deleted with execution. If it has not been, apply to the Directorate General of Criminal Records and Statistics.
Will an employer see my archive record?
In the private sector usually only the criminal record is requested. Public office, firearms licences and posts requiring security vetting also show the archive.
Can the archive record be deleted early?
A court may order it on the person's application. Restoration of forfeited rights is also available.
Does a deferred judgment show on my record?
No. It is held in a separate system, and if the supervision period passes without incident the case is dismissed.