Deleting an entry from the criminal record and completely removing a record from the archive are different procedures. In most cases, completing the enforcement of the sentence leads to the entry being removed from the criminal record and transferred to the archive. Deletion from the archive, however, depends on separate conditions that vary with the nature of the conviction. When preparing an application, the dates on which the decision became final, the enforcement was completed and the conditions for archiving were met must be distinguished. There is no single “deleted after five years” rule that applies to every file. [1]
The content of a criminal record certificate requested for employment or for practising a profession can directly affect a person’s daily life. However, whether a record appears in the certificate, what legal consequence the conviction produces today, and whether the authority concerned is entitled to access that record are separate questions. A sound assessment begins with reviewing the conviction file together with the enforcement records.
The difference between a criminal record and an archive record
What information does the criminal record contain?
Law No. 5352 on Criminal Records governs the recording of final convictions and of linked decisions specified in the law. Besides a prison sentence, a judicial fine may also be recorded. Even if the sentence was suspended, it cannot be assumed that the suspension itself removes the conviction. For this reason, the court, the case and decision numbers and the type of sentence shown in the certificate matter. [1] See also Summary procedure and the consequences for the criminal record.
The opening of an investigation, acquiring the status of suspect or the existence of a complaint against someone does not, on its own, amount to a final conviction record. Likewise, a decision that has not yet become final and a decision whose enforcement has been completed cannot be treated as having the same record status. If the certificate contains incorrect person or file details, a correction may need to be requested before the deletion conditions are considered.
What does an archive record mean?
A conviction removed from the criminal record may be kept in the archive until the statutory conditions are met. Therefore, a certificate stating “no criminal record” and one stating “no archive record” are not the same legal finding. The document requested and the purpose for which it will be used must be made clear.
An archive record is not open to unlimited access by anyone. Article 10 of Law No. 5352 regulates access for the person concerned or their express authorised attorney, for judicial authorities within investigations and prosecutions, for competent election boards and for public institutions designated in special laws. Article 11 of the Law prohibits disclosure of confidential information and use outside the purpose for which it was provided. [1]
In which cases is a criminal record deleted?
Completion of enforcement and transfer to the archive
Under Article 9(1) of Law No. 5352, when the enforcement of the sentence or security measure is completed, the record is deleted by the General Directorate of Criminal Records and Statistics and transferred to the archive. The Law also lists withdrawal of a complaint or effective repentance (etkin pişmanlık), which eliminates the conviction together with all its consequences, expiry of the limitation period for the sentence, and general amnesty. [1]
Here, “completion of enforcement” must be documented. The day a person leaves prison is not always that date. For a person released on conditional release, whether the sentence is treated as enforced is assessed together with the supervision process under Law No. 5275 on the Execution of Criminal Sentences and Security Measures. Enforcement outside the institution under supervised release (denetimli serbestlik) does not mean that the sentence has ended entirely. [2] For this topic, the article on expiry of the limitation period and the end of enforcement may also be consulted.
For a judicial fine, it must be checked that the payment has been entered in the file and that the record of completion of enforcement has been created. A bank receipt alone does not show that the central record has been correctly updated. If there is a payment or enforcement problem, it can be assessed together with the article Non-payment of a Judicial Fine and Conversion into Imprisonment.
Suspended prison sentence
Article 51(8) of the Turkish Penal Code No. 5237 (TCK) provides that where the supervision period is passed in compliance with the obligations or in good conduct, the sentence is considered enforced. Three separate dates must therefore not be confused: the day the judgment was delivered, the day it became final, and the day enforcement was completed under the supervision process. The basis for a record action is not merely the word “suspension” in the judgment. [3] For a related discussion, the article on enforcement arrangements, date of the offence and transitional provisions may also be read.
Where there are several convictions, the enforcement position must be determined for each record. The end of a sentence in one file does not automatically delete a different conviction record. Instead of submitting all records mixed together with an application, explaining each record separately makes the review easier.
After how many years is an archive record deleted?
Five-, fifteen- and thirty-year periods
Article 12(1) of Law No. 5352 divides archive records into different groups. The starting point is, as a rule, the date on which the conditions for transfer to the archive were met. A late entry into the administrative system must not be confused with the legal starting date. [1]
| Conviction group | Condition for deletion from the archive | Starting point of the period |
|---|---|---|
| Persons subject to loss of rights under Article 76 of the Constitution or under laws other than the TCK | Fifteen years, with a decision restoring the prohibited rights | Date on which the conditions for transfer to the archive were met |
| Same group, where no decision restoring rights is sought | Thirty years | Date on which the conditions for transfer to the archive were met |
| Other convictions | Five years | Date on which the conditions for transfer to the archive were met |
The fifteen-year period is not a separate period that restarts from the date of the decision restoring prohibited rights. The starting point set by the Law applies, and a decision restoring rights must also exist. On the other hand, a decision restoring rights does not immediately delete all archive records.
Which conviction produces a specific loss of rights should be examined through the offence name, the sentence and the relevant special law. Placing every conviction in the five-year group based on a general internet list is not a reliable method.
Two examples showing the time calculation
First assumption: Suppose the conditions for transfer to the archive arose on March 10, 2020, and the record falls in the five-year group. The time condition is met on March 10, 2025. The fact that the record was entered into the system in 2022 does not by itself move the legal starting point to 2022. In a real application, an enforcement document proving the 2020 date must be submitted.
Second assumption: Take the same starting date for a conviction that produces a specific loss of rights. If a decision restoring the prohibited rights has been made, the fifteen-year period is completed on March 10, 2035. Under the thirty-year route, where that decision is not required, the period is completed on March 10, 2050. These examples only show the statutory distinction between periods; they do not mean that the deletion date of a particular person has been calculated.
Deletion grounds that differ from waiting periods
Where the act is removed from criminal status by law, the criminal record and archive entries of the relevant conviction are completely deleted without any request. A final acquittal, or a decision that there is no place for a penalty, given following reversal in the interest of the law (kanun yararına bozma) or retrial, also results in the complete deletion of the earlier conviction record. Records of security measures imposed because of mental illness are completely deleted when enforcement is completed. The death of the person is also regulated in the Law as a separate ground for deletion. [1]
In these cases, the application should not rest on the general five-year period. The later decision becoming final or the removal of the act from criminal status must be clearly indicated as the specific reason. In particular, a decision of reversal in the interest of the law and a final acquittal following reversal are not at the same stage.
Offences before June 1, 2005
Old records are assessed separately under Temporary Article 2 of Law No. 5352 and the transitional arrangement of the earlier law. Submitting the application today does not mean that every aspect of an old record is subject to the new period scheme. The date of the offence, the type of conviction and the relevant transitional paragraph must be identified. [1]
Enforcement documents for old conviction files may need to be retrieved from the archive. A difficulty in accessing the document cannot be overcome by writing an estimated date; a search should be requested through court and enforcement prosecutor records.
Where and how to apply
Deletion and correction request through e-Devlet
The Turkish government’s e-Devlet portal offers the Ministry of Justice’s “Application for Deletion and Correction of Criminal Record” service. The service is a channel for submitting and following up an application to the competent authority for assessment. Entering a request in the system does not mean that the record will be deleted at the same time, or at all. [4]
Before applying, an up-to-date criminal record and archive certificate should be obtained, and it should be determined which record is to be deleted or corrected and for what reason. The application number, the documents sent and the reply received should be kept. If the electronic channel is not used, the request is submitted in line with the current application procedures of the General Directorate of Criminal Records and Statistics. [1]
Documents to include in the file
- The applicant’s identity details and, where necessary, a power of attorney with express authority.
- A current criminal record and archive certificate.
- The judgment of conviction and the record of finality.
- A document showing that enforcement has been completed and, where required, payment or supervision records.
- The decision restoring prohibited rights and its annotation of finality, if any.
- Earlier applications, replies and notification documents.
The petition must make three points clear: the record concerned, the ground for deletion or correction being relied on, and the document proving that ground. Instead of a general statement such as “I want my record cleaned”, the petition should state the date on which enforcement of a specific conviction was completed and identify the supporting document.
If the request is refused, what course should be followed?
First, the reason for refusal is analysed. Incomplete enforcement, a period that has not yet run, the wrong record group and missing documents are not the same problem. Merely repeating the application and receiving a new application number does not remedy a legal deficiency. If the enforcement date is wrong, the relevant enforcement procedure must be addressed; if the decision restoring prohibited rights is missing, the court process must be considered separately.
The registry procedure of the General Directorate and a criminal court decision on the restoration of prohibited rights are not subject to the same judicial remedy. An administrative refusal is reviewed under the rules of administrative judicature; for a criminal court decision, the criminal remedy provisions apply. In administrative litigation, the general period for bringing an action is sixty days from written notification, unless a special provision applies. For applications left unanswered, the implied refusal under Article 10 of Law No. 2577 on Administrative Procedure and the effect of a renewed application must also be assessed. A new petition should not be assumed to revive a lapsed litigation period. [5] For details, see the article on restoration of prohibited rights.
Real court decisions
The Constitutional Court’s 2011 archive decision
In its decision E.2008/44, K.2011/21 of January 20, 2011, the Constitutional Court (AYM) reviewed the rule then in force that kept records until death or for eighty years. Without regard to the nature and gravity of the offences, it identified the problems that keeping records for such a long period raises for proportionality and for the person’s development, and annulled the relevant provisions. [6]
This decision concerns historical legislation. It cannot be used today to say directly that “the Constitutional Court deleted all archive records”. A current application must be based on the text of Law No. 5352 as amended in 2012.
The Court of Cassation’s 2026 decision
In decision E.2025/3798, K.2026/1330 of February 9, 2026, the 11th Criminal Chamber of the Court of Cassation (Yargıtay 11. Ceza Dairesi) examined a request for restoration of prohibited rights made after a conviction to a judicial fine for fraud. It did not regard a refusal as sufficient on the ground that the judgment contained no express loss of rights. It held that the conditions in Articles 12 and 13/A of Law No. 5352 should be assessed, and gave a decision of reversal in the interest of the law. [7]
The decision shows that the assumption that a judicial fine produces no legal consequence may be wrong. However, it cannot be concluded that every judicial fine produces the same bar to rights, or that all archive records will be deleted without a decision.
Deleted records and professional rights
Changing the official record does not necessarily remove automatically all the consequences that a special law attaches to a conviction. In applications for a profession, public office or licence, the relevant special law and the conditions at the date of application are examined separately. Restoration of prohibited rights is therefore regulated as a legal route separate from record deletion. [1] For a separate assessment of this subject, see the article on postponement of the pronouncement of judgment.
Likewise, deleting an official record does not automatically mean the removal of an internet news item, a search result or records lawfully kept by another institution. The basis and subject of the application are determined separately in these areas. For a broader view of the legal position after enforcement, the page Enforcement Law and Criminal Record Procedures may also be reviewed. For detailed information, see the article on the enforcement regime specific to recidivism and repeat offenders.
Conclusion
In criminal record and archive procedures, what decides the outcome is the legal nature of the conviction and the correct date on which enforcement was completed. The application should be prepared by evaluating the type of record, the reason for deletion and any loss of rights separately. Rather than focusing on whether the certificate looks “clean”, it is necessary to clarify the legal ground on which the record is kept and the conditions under which the relevant right may be exercised.
Frequently Asked Questions
Is a criminal record always deleted after five years?
No. Transfer from the criminal record to the archive is different from complete deletion from the archive. For the archive there are five-, fifteen- or thirty-year periods depending on the conviction group, as well as specific grounds for deletion.
Does the period start on the day I leave prison?
Not always. Whether enforcement has been completed and whether the conditions for transfer to the archive have arisen is examined. Release on conditional release or leaving through supervised release is not automatically the same as these dates.
Does a decision restoring prohibited rights delete the archive immediately?
No. It may be one of the routes to deletion within the fifteen-year group. The period and its starting point under the Law are examined separately.
Are administrative fines entered in the criminal record?
Under Article 5 of Law No. 5352, administrative fines are not recorded in the criminal record. They should not be confused with a judicial fine imposed by a court.
Is a decision on deferred pronouncement of judgment (HAGB) the same as an ordinary criminal record?
Article 6 of Law No. 5352 provides a special record and access regime for decisions on the deferment of the pronouncement of judgment (hükmün açıklanmasının geri bırakılması). This record is not assessed in the same way as an ordinary final conviction record. The current procedural status of the specific decision should also be checked.
If a record belongs to the wrong person, must one still wait for years?
Wrong matching of a person or a file is a matter of correction. It should not be confused with the statutory deletion period for a genuine conviction. The error should be explained with identity and file documents.
Sources and legal bases
- Law No. 5352 on Criminal Records (5352 sayılı Adli Sicil Kanunu), Articles 4–14 and Temporary Article 2. Current text checked: October 13, 2026.
- Law No. 5275 (5275 sayılı Kanun), in particular Articles 105/A and 107.
- Turkish Penal Code No. 5237 (5237 sayılı Türk Ceza Kanunu), Articles 51 and 53.
- e-Devlet, Application for Deletion and Correction of Criminal Record (Adli Sicil Silme ve Düzeltme Talebi), public description of the service.
- Law No. 2577 on Administrative Procedure (2577 sayılı İdari Yargılama Usulü Kanunu), Articles 2, 7, 10 and 11.
- Constitutional Court (AYM), E.2008/44, K.2011/21, January 20, 2011, merits review and judgment; historical norm review decision.
- 11th Criminal Chamber of the Court of Cassation (Yargıtay 11. Ceza Dairesi), E.2025/3798, K.2026/1330, February 9, 2026, reasoning and decision. Last access to the sources: October 13, 2026.