Expungement of a criminal record: deadlines, petition under the Criminal Code of the Russian Federation in 2021

People who have been prosecuted often have a desire to remove information about this unpleasant fact from their biography in order to be able to get a normal job and live a normal life. There is a legal opportunity to remove an expunged criminal record from the database, but the procedure is quite complicated and is applied only if certain conditions are met.

However, you should not resort to the services of hackers or other methods that do not comply with the law. Below we will outline the procedure for legally getting rid of defamatory information in the information base of the Ministry of Internal Affairs.

Concept and meaning

A conviction in itself is a clear natural consequence of criminal liability.
The possibility of applying punishment to a citizen with a criminal record is indicated in Part 1 of Art. 45 of the Criminal Code of the Russian Federation.

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In addition, it is assumed that a criminal record entails a restriction of freedoms and rights in relation to the punitive potential of the specified punishment, as an option, a probationary legal regime.

A criminal record can also be expressed in the likelihood of other legal consequences provided for by criminal liability.

When can I file a petition to expunge a criminal record?

Please note that you can submit a petition to expunge a criminal record to the court no earlier than half the period established for expunging a criminal record by Article 86 of the Criminal Code of the Russian Federation has passed, that is:

for conditionally convicted persons - after half of the probationary period.
for those sentenced to more lenient punishments than imprisonment - after 6 months after serving or executing the sentence.
for those convicted of crimes of minor or moderate gravity - after 1.5 years after serving the sentence.
for those convicted of serious crimes - after 4 years after serving the sentence.
for those convicted of especially serious crimes - after 5 years after serving the sentence.

When does a criminal record begin? When does it end?

A criminal record arises from the day the sentence enters into legal force. Further, the criminal record lasts throughout the entire period of serving the sentence + after serving the sentence (the terms are indicated in the Criminal Code).

Termination of a criminal record can occur in 2 ways:

Clearance of a criminal record.
Expungement of a criminal record.

Do not confuse these bases, since they have different origins and different application features.

What is the difference between withdrawal and repayment?

Comparison criterion	Expungement of a criminal record	Clearance of a criminal record
Base	Expiration of the criminal record. Repayment occurs as if automatically.	A court decision that is made BEFORE the deadline expires. Also removing the possibility of amnesty or pardon.
Term	Repayment is carried out only after the expiration of the terms (10 years after serving the sentence for committing especially serious crimes).	The exact period has not been established, but it is believed that it should be at least ½ of the term for repayment.
Legal consequences	Such a criminal record is not taken into account when deciding whether to reoffend. An expunged criminal record cannot be used as a negative characterization of the defendant.	An expunged conviction is not taken into account when deciding whether to reoffend. An expunged conviction cannot be used as a negative characterization of the defendant.

Expungement of a criminal record completely cancels the consequences of a conviction . For the purposes of the law, it will be considered that a person:

Was not held accountable at all.
Was not subject to criminal punishment.
Didn't serve his sentence.

What are the conditions for early expungement of a criminal record?

Early expungement of a criminal record is regulated by the provisions of Art. 86 Criminal Code + Art. 400 Code of Criminal Procedure + a number of other acts:

Impeccable behavior of the convicted person after serving his sentence.
Full compensation for the harm caused by the crime.
Written/submitted petition to expunge a criminal record.
Deadlines met. They are not clearly stated in the law, but in practice the petition is filed when half the term of the criminal record has expired.

Limitation periods

The validity period of a criminal record is discussed in Article 86 of the Criminal Code of the Russian Federation.

A person is considered convicted from the moment the court verdict comes into force.

It remains so until the criminal record is removed or expunged.

It should be borne in mind that if a relapse occurs, the punishment may change slightly.

The legal consequences of recidivism are established in accordance with federal laws.

If a person has been released from punishment, he cannot be considered a criminal.

A criminal record is considered expunged in the following cases:

when a citizen has been given a suspended sentence and the probationary period has already expired;
when a citizen was sentenced to a more lenient punishment than imprisonment (when one year has passed since the execution of the punishment);
when a convicted person is released from punishment early or part of the sentence is replaced with a lighter option, the repayment period can be calculated from the time served from the date of release and serving the additional and main punishment. If a citizen, after serving his sentence, had ideal behavior and compensated for the damage caused, then the court has the right to expunge his criminal record, solely at his request;
when a criminal record is considered expunged (it turns out to be expunged), all legal consequences will be canceled. However, when you subsequently get a job, some problems may arise. For example, in the United States they may be denied a visa and entry if a person has a criminal record. In the Russian Federation, it is impossible to get a job in the police, FSB, or prosecutor's office if a person has ever had a criminal record, even if it has now been expunged. Working in banks is also hardly possible if you have a criminal record. The very initiation of a criminal case is already a big risk of losing your job.

There are two ways to get rid of the bad consequences of a criminal record:

Redemption.
Withdrawal.

The statute of limitations for criminal convictions expires as follows:

2 years for a minor crime;
6 years if the crime is of medium gravity,
10 years if the crime is serious,
15 years if the crime is particularly serious.

The statute of limitations will be calculated from the moment when the crime was committed until the moment when the court verdict entered into legal force.

For each crime, these terms are calculated independently.

If a person evades trial and investigation, the statute of limitations will be suspended.

For persons under 18 years of age, there are some benefits that apply to the statute of limitations.

The procedure for expunging a criminal record through court

If the required period for filing a petition to expunge a criminal record has passed, the convicted person submits a corresponding application to the court and appears in person at the appointed court hearing (this is a mandatory requirement for early expungement of a criminal record). The procedure for the court to consider an application for expungement of a criminal record is determined by Article 400 of the Code of Criminal Procedure of the Russian Federation:

The court hears the applicant's explanations at the hearing.
A package of documents attached to the petition is attached to the case.
The judge considers materials confirming the possibility of expunging a criminal record.
The court hears the prosecutor and other persons invited to the court hearing.
The judge makes a decision and issues an appropriate ruling.

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Redemption

It is impossible to expunge a criminal record on your own.

It is automatically removed after serving the sentence.

Early repayment

A criminal record can be expunged only when the main and additional punishment, or the probationary period expires.

Article 84 of the Criminal Code (Part 2) provides for the possibility of expunging a criminal record through an act of amnesty, or (Article 85 of the Criminal Code, Part 2) pardoning a citizen who has served his sentence.

The Criminal Procedure Code provides for the possibility of early expungement of a criminal record.

In the court premises at the entrance you can find sample applications for applying to the court.

The application must be accompanied by a petition and characteristics.

There is also the concept of persons without a criminal record.

Those who were convicted but released from punishment are recognized as such.

This can happen in the case where a conviction was carried out, but without a punishment imposed, or with exemption from punishment (expiration of the statute of limitations, amnesty).

If the culprit has not served his sentence, then he is considered to have no criminal record.

This does not depend on how long the pre-trial detention lasted.

To understand whether a criminal record has been expunged, you need to understand what category the crime can be classified into.

The Criminal Code must indicate the maximum punishment provided for the committed act.

If the committed act does not provide for imprisonment or imprisonment is possible only for two years, then this is a crime of minor gravity.

For crimes of medium gravity, the upper limit of imprisonment is 5 years.

For especially serious crimes, the punishment can reach 10 years.

Particularly serious crimes are those acts for which imprisonment for a term exceeding 10 years is provided.

For different types of punishment, different periods for expunging a criminal record are provided.

If a person was sentenced to a non-custodial sentence, then the criminal record will be considered expunged after one year.

For persons who have been imprisoned for acts of moderate gravity.

The expiration period for a criminal record is 3 years.

The expiration period for a criminal record for serious crimes is 6 years, for especially serious crimes – 8 years.

Deadlines for expunging a criminal record

If a person has committed an offense for which he was given any punishment other than a fine and a suspended sentence, then repayment will not occur immediately. The Criminal Code provides for the following terms for expunging a criminal record:

1 year – when assigned corrective, compulsory and forced labor;
3 years – after serving a term in prison for crimes not exceeding average gravity;
8 years – when committing acts classified as grave;
10 years - for offenses that the Criminal Code defines as especially serious.

Accordingly, if a person has committed a criminal offense of minor gravity, for which he was sentenced to 2 years in prison, the criminal record lasts a total of 5 years. If a person committed a particularly serious crime and was sentenced to 20 years in prison, he will be considered to have been convicted for 30 years.

Early expungement of a criminal record

In some cases, a citizen may lose his criminal record earlier than determined by criminal law. However, for this to happen, a number of important conditions must be met.

Note!
Expungement and expungement of a criminal record are different concepts.

Early expungement of a criminal record is, in principle, impossible due to the fact that it can only be expunged automatically. But removing it is quite possible. Only a court can remove a criminal record. Satisfying the decision on claims of this kind is possible for citizens who have become completely law-abiding. Law enforcement agencies should not have any complaints, a person must strictly comply with the obligations imposed by a criminal record, he should not have any “fresh” administrative or, especially, criminal violations.

In order to expunge a criminal record early and obtain the appropriate certificate, you must apply to the court with the appropriate statement of claim. Your lawyer will provide you with a sample. If you can convince the judge that you have really managed to change, you will receive the coveted document.

How to write a petition to expunge a criminal record

Current legislation does not regulate strict requirements for the form of an application to expunge a criminal record, but legal practice has established certain rules for drawing up such applications to the court.

The petition form includes a head and a body, which is divided into descriptive and operative. Using this diagram, you can correctly write a petition to expunge a criminal record:

Header: Name of the court and full name of the magistrate;
Full name of the applicant.

Title of the document

“Petition to expunge a criminal record.”

Content part:

complete information on the criminal record (when, in which city, under what article, and how long the applicant served his sentence);

remorse and regret about what happened (some judges pay attention to this);

the reasons why the applicant needs early expungement of his criminal record;

facts that may become the basis for early expungement of a criminal record (for example, marriage, birth of a child, employment, adaptation to society);

the legislative and legal basis that allows you to file a motion to leave the statement of claim without consideration;

A request is formulated: to expunge the applicant’s criminal record based on the appropriate sentence;

Attachments: - documents that positively characterize the applicant and confirm the accuracy of the facts stated as grounds for expunging a criminal record (for example, a reference from work, extracts from promotion orders, copies of a marriage certificate, copies of a child’s birth certificate, etc.); - a copy of the court verdict; - certificate of completion of sentence; - receipts for compensation for damage to the victim.

Date, signature.

The petition must be submitted to the court or to the magistrate in criminal cases at the applicant’s place of residence. This can be done either by regular mail, or by email (if the court at the applicant’s place of residence accepts applications by email), or by personally submitting documents to the court office.

How long does it take to file a petition to expunge a criminal record?

To answer the question, look at Art. 86 of the Criminal Code and “remove” half the term. You can try to file a petition earlier (but the court has the right to refuse to satisfy it).

So, the application is submitted when :

Half of the probationary period has expired for those who were given suspended sentences.
6 months have passed since the execution/serving of the sentence for those sentenced to more lenient types of punishment than drugs.
The period of 1.5 years has expired after serving the sentence for those sentenced to drugs for crimes of moderate gravity or for crimes of minor gravity.
4 years have passed since serving a sentence for committing a serious crime.
5 years have passed since the convict served his sentence for a particularly serious crime.

What is the procedure for applying to expunge a criminal record? Withdrawal procedure

The consideration of a petition to expunge a criminal record is regulated by the provisions of Art. 400 Code of Criminal Procedure . Schematically, the sequence of actions looks like this:

You submit your petition to the court or to a criminal magistrate. The petition is sent to the authority at your place of residence.
Your petition is accepted and a court hearing is scheduled.
You will be required to appear in court for the hearing. The prosecutor can also take part in it (the court always notifies him of the received petition).
The consideration of the case begins with hearing your explanations. After this, you need to provide documents and other evidence of impeccable behavior.
The court considers and hears the prosecutor, as well as other persons invited to the hearing.
The court makes a decision to expunge the criminal record or refuse to satisfy the petition.
If you receive a refusal, you will be able to file a petition no earlier than 12 months from the date of the refusal decision.

What documents must be provided to prove “impeccable behavior”?

Clearing a criminal record through the court is a procedure that is not regulated in detail at the level of the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation.

are expected to provide the following materials as evidence to the court :

Sentence , which reflects your socially dangerous act, as well as other important features.
Certificate of complete completion of the sentence imposed on you. In Part 3 of Art. 173 of the Penal Code of the Russian Federation states that upon release, a convicted person is given things that belong to him, valuables, as well as documents confirming his release from punishment. You will need to provide these documents to the court. The form of the certificate was approved by Order of the Ministry of Justice of the Russian Federation dated 11-10-2010 258 (or, to be more precise, Appendix No. 29).
Characteristics from your place of work (if you have an official place of work). The document is signed by the manager and must have a number of necessary details.
Documents that confirm compensation for damage caused. The harm is usually indicated in the statement by the victim. You will need to provide this application + additionally provide proof of compensation. For example, transferring funds to a bank account, purchasing things, and others.
Certificate from the local police officer . This certificate indicates that during the specified period of time no claims were received against the petitioner, and there were no incidents involving him.
A certificate confirming the absence of administrative or criminal liability after release.
Testimony (oral or written) of relatives, friends, acquaintances, neighbors, work colleagues and others. They do not act as evidence, but the court always listens/considers them and attaches them to the case.

Minors

Part 4 of Article 18 of the Criminal Code of the Russian Federation provides that a criminal record for persons under 18 years of age will not be taken into account if a recidivism is recognized.

Also, shortened terms for expunging criminal records are provided for persons who committed crimes before the age of 18.

General provisions on criminal records, in accordance with Art. 86 of the Criminal Code and general provisions on a good criminal record also apply to minors.

Early expungement of a criminal record is possible only with exemplary behavior of the convicted minor.

If a minor has committed a crime of minor or moderate gravity, then criminal liability may not arise for him.

His behavior can be corrected by applying coercive educational measures.

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The following coercive measures exist:

transfer under supervision to parents or persons replacing them,
warning,
imposition of obligations to compensate for damage caused,
special requirements for the behavior of a person under 18 years of age.

It should be borne in mind that in the case of criminal liability, a minor.

A teenager who does not yet have an established psyche cannot be responsible for his actions in the same way as an adult.

In general, general provisions regarding criminal records apply to persons under 18 years of age.

If a crime is committed by a citizen under 18 years of age, then we should talk about slightly different terms for expunging a criminal record.

In this case, when committing a crime of moderate or minor gravity, when the citizen was sentenced to actual imprisonment, the criminal record can be considered expunged after one year.

For minors convicted of especially serious and serious acts.

The period for expunging a criminal record will be three years; when the specified periods expire, the criminal record will be expunged automatically, that is, a decision about this will not be required.

Expungement of juvenile criminal records

Unlike expungement of criminal records for adults, minors have more lenient terms. In particular, children who have committed a crime of moderate gravity will be able to receive a certificate within a year after the end of the sentence. If a minor has committed a serious crime, he will have to wait 3 years for his criminal record to be expunged.

Otherwise, there are no differences between obtaining a certificate of no criminal record for children and adults. You can also achieve withdrawal. To do this, you also need to apply to the court with a corresponding application. The only difference is that the document based on the sample will be drawn up by parents or other persons responsible for the child.

Sample petition to expunge a criminal record in 2021

Here is an example of a petition to expunge a criminal record; in each case it is unique, because different people will have their own situation, circumstances and reasons for applying to the magistrate for early expungement of a criminal record.

To the magistrate of court district No. 2 of the Oktyabrsky district of Belgorod, Galina Sergeevna Timofeeva, from Petr Ivanovich Tkachenko

Petition to expunge a criminal record

On April 23, 2021, by the verdict of the Oktyabrsky District Court of Belgorod (a copy of the verdict is attached), I, Petr Ivanovich Tkachenko, born March 18, 1994, was found guilty of committing a crime under Part 2 of Art. 158 of the Criminal Code of the Russian Federation, for theft causing significant damage to a citizen, the court sentenced me to imprisonment for a period of 2 years.

At the trial, he fully admitted his guilt and cooperated with the investigation. The victim was compensated for the damage in full (a copy of the receipt and receipt are attached). After serving my sentence, I got a job at the auto repair shop Avtomaster LLC, did not commit any offenses, and was not held accountable under the Code of Administrative Offenses of the Russian Federation or the Criminal Code of the Russian Federation. I have a positive reference from my current place of work (reference from work is attached), and I also have a positive reference from the local police commissioner.

Today I am married, I have a minor daughter, Olga Tkachenko, born in 2021. Currently I am caring for my disabled mother Tkachenko T.E., born in 1948, who is a group 1 disabled person. To support my family, I need to have a constant source of income that allows me to provide for my dependent relatives.

Based on the above and in accordance with Part 5 of Art. 86 of the Criminal Code of the Russian Federation and Art. 400 Code of Criminal Procedure of the Russian Federation

I beg:

remove my criminal record before the expiration date expires.

Applications:

1. Copy of the verdict of the Oktyabrsky District Court of Belgorod dated April 23, 2021. 2. Certificate from FKU IK-5 of the Federal Penitentiary Service of Russia for the Belgorod Region about serving the sentence. 3. Characteristics from the local police commissioner about the behavior of Tkachenko P.I. 4. Characteristics from the place of work - Avtomaster LLC. 5. A copy of the receipt and bank receipt confirming the transfer of money to the victim.

Date___________ Signature _____________

Removal of a criminal record due to pardon

Art. 85 of the Criminal Code of the Russian Federation provides for the possibility of pardon . There are a number of differences between amnesty and pardon:

Amnesty is issued by the State Duma, pardon is issued only by the head of state.
Amnesty applies to an indefinite number of persons, pardon is carried out in relation to a specific subject.
Amnesty is an act that does not depend on the convicted person. Pardon always presupposes a petition from the convicted person + the participation of a whole chain of government agencies.

Art. 176 of the Penal Code of the Russian Federation specifies the procedure for applying for a pardon , and a number of other regulations make additions and specifications to it:

Consequences

There are many consequences of a criminal record:

Citizens with a criminal record cannot perform certain labor functions.
A criminal record does not allow one to obtain or restore Russian citizenship.
A person turns out to be limited in the right to vote, as well as to be elected.
Access to state secrets for persons with a criminal record is limited.

The fact that a person has a criminal record must be reported when filling out certain official papers.

If a person has a criminal record, then some restrictions on his constitutional rights may be imposed on him.

We are talking about the right to choose a place of residence and freedom of residence.

What are the adverse consequences of having a criminal record?

Firstly, the repeated commission of a crime will already be considered a recidivism, and this will significantly increase liability.
Secondly, those convicted of serious crimes against military service will not be able to subsequently serve in the army (both conscript and contract) in any rank.
Thirdly, at the time of conviction, a person cannot apply for the position of prosecutor, judge, or the title of police officer.
Fourthly, when filling out any documents, it is necessary to indicate information about the presence of an outstanding criminal record and there is no way to avoid this.
Fifthly, this may become an obstacle to holding any elected position. A candidate for deputy or other elective position has no right to hide such information.
Sixthly, a citizen with an outstanding criminal record cannot be a member of the founders of a commercial organization of any type, or hold the post of general director or other leadership positions.

All these restrictions can be lifted only if the criminal record is expunged.

What evidence and documents should I attach to the application?

Remember that when considering a petition to expunge a criminal record, the magistrate may request certain documents necessary to consider the convicted person's application. It is in the interests of the applicant to collect such a volume of documents that would provide grounds for a positive court decision. The package of such documents must include:

court sentence;
certificate of completion of sentence;
receipts proving compensation for damage caused by the applicant during the crime;
a positive reference from the place of new work or study;

Additionally, it makes sense to attach to the application:

medical certificates, if the reason for the application is a deteriorating health condition;
information from the district police officer or the criminal-executive inspectorate;
characteristics from neighbors and work colleagues, characteristics from the place of study;
copies of the marriage certificate and birth certificate, if after serving the sentence the convicted person started a family and had a child.

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Job

There are a number of restrictions on working in some organizations.

It is impossible to get into the service of law enforcement, judicial, executive bodies, or work in government civil positions.

It is believed that a criminal record can bar access to many interesting professions:

You cannot engage in teaching or advocacy activities.
For persons with a criminal record, it is problematic to get into service in the military forces of the Russian Federation.
Citizens with a criminal record cannot get to high positions in some financial institutions.

In order to understand what difficulties a person with a criminal record may encounter when applying for a job, you should look at the Labor Code.

In cases where there is no direct ban, and a person with a criminal record is not hired for a certain position, it is possible to achieve this through the court.

Why can they refuse to consider an application?

The court may refuse to consider the petition in the following cases:

The petition was submitted earlier than the deadline established by current legislation.
The application contains errors and/or inaccurate information.
The applicant committed certain offenses during the probationary period.
The applicant was unable to provide documents confirming the contents of the application.

Please note that if the judge decides to dismiss the petition, re-submitting an application to expunge the criminal record is possible no earlier than 1 year later.

Thus, it is extremely important to fulfill all the requirements of the Code of Criminal Procedure of the Russian Federation when submitting a petition to the court to expunge a criminal record, collect and attach all the necessary documents, and be prepared to clearly explain the grounds for your application to the court in person at the hearing. Do not forget that a positive decision of the court and the removal of a criminal record from a convicted person returns the constitutional rights to the applicant, but information about the criminal record will be stored in the database of the Information Center / GIAC of the Ministry of Internal Affairs until you turn 80 years old, even if the criminal record is expunged or expunged - such the rules are established in accordance with clause 15.2 of Order of the Ministry of Internal Affairs of Russia dated July 9, 2007 N 612dsp.

Procedure for expunging a criminal record

In order to achieve expungement of a criminal record and obtain the appropriate certificate about this, it is necessary to prepare a petition to the court. It is drawn up in the prescribed form, so it is better to contact a qualified lawyer. He will provide a sample application and tell you in more detail what is needed to successfully complete the case.

Note!
You can go to court to have your criminal record expunged no earlier than after half of its validity period has expired. For example, if the validity period is 3 years, you can apply no earlier than after 1.5 years.

The application must be accompanied by evidence that you have truly taken the path of correction. In particular, it is worth contacting the territorial department of the Ministry of Internal Affairs and asking for a document confirming that since your release you have not committed a single violation of the law. If administrative cases have been opened against you, it will be extremely difficult to get a positive response from the court.

Note!
If the court refuses to satisfy your demands, you can reapply only after a year.

You also need to confirm the reasons why you require a certificate of no criminal record. For example, if you have children, provide a certificate of family composition. If you have a dependent relative who is unable to work, you must provide appropriate confirmation from medical institutions. If you are engaged in public activities, also attach documents that can confirm this. If you do not have the relevant papers, you can invite witnesses.

Will they take you into the army?

Young people of conscription age who have served sentences in prison often have the question: “Are they accepted into the army with a criminal record?”

To understand this issue, you need to refer to Article 23 of the Law on Military Service.

It is impossible to enlist in the army only if the criminal record has not been expunged or expunged.

If the criminal record has already been cleared or automatically expunged, no problems should arise with service in the armed forces of the Russian Federation.

Is a suspended conviction considered a criminal record?

Scientists believe that the term “conditional conviction” is not an entirely accurate name.

A criminal record, in this case, is quite real.

A conditional conviction is a criminal law measure that provides for a convicted person to assign a period during which he must prove that he has reformed.

This is monitored by special bodies entrusted with this responsibility.

If the probationary period is coming to an end, and the convicted person has not been able to prove that he has reformed, the punishment can become quite real.

A criminal record for conditionally convicted persons is expunged when the probationary period has passed and the person has proven his correction.

What is a criminal record and how can it be expunged?

Before moving directly to the consideration of the procedure for making changes to the Ministry’s database, it is worth understanding the period after which a person is considered not to have a criminal record.

A criminal record is a special legal status of a person who has been subject to criminal liability by a court verdict. A person receives the status of a convicted person from the moment the sentence begins to be enforced (i.e., when it enters into legal force) until the criminal record is expunged. A criminal record entails many unpleasant restrictions for a person, which will be discussed below.

The expiration date of a criminal record depends on whether the person is held criminally liable, conditionally or actually. When applying conditional imprisonment, a so-called probationary period is established. The duration of the period during which the convicted person proves his correction varies depending on the category of the crime committed and the severity of the criminal punishment imposed. It can be from six months to five years. After this period, the criminal record is fully expunged.

If liability for a particularly serious crime is applied, the criminal record expires after 10 years from the announcement of the verdict. For serious crimes, the conviction period is 8 years. For categories of moderate and minor severity, the expiration date of a criminal record is no more than 3 years.

If there are no complaints regarding the behavior of the convicted person, and in his desire to minimize the consequences of the crime committed, the judge may make a decision on early removal of the criminal record.

IMPORTANT !!! When a criminal record is expunged, from the point of view of the law, the person will be considered absolutely clean, with no previous convictions. But in practice this does not always happen. If a person commits a crime again and the issue of sentencing him is being decided, the judge has the right to take into account information about a previously committed crime when passing a sentence. This circumstance may increase the sentence.