Is someone in custody, at a statement or remanded? +90 538 035 51 55 — call now

Records · Law no. 5352

Two records, not one — and only one of them disappears quietly.

People are regularly told that a Turkish matter "will not show". Sometimes that is true, and sometimes it is true only of the first record and not the second. Understanding which record holds what is the difference between a visa application that succeeds and one that does not.

Section 01

Judicial record and archive record

Turkish criminal records law (Law no. 5352) maintains a judicial recordadli sicil — of convictions, and a separate archive recordarşiv kaydı — to which entries are transferred once the sentence has been executed or otherwise concluded.

A certificate can therefore come back clean on its face while an archive entry still exists, and some authorities ask specifically for the version that includes it. When someone says "nothing showed", the useful question is always: which certificate, requested how?

Section 02

Getting the certificate from abroad

A certificate can generally be obtained through the Turkish e-government service if you have the credentials for it, or through a Turkish consulate, or by an attorney. For the archive record the power of attorney must authorise the request expressly and the purpose for which the record will be used must be stated (Law no. 5352, art. 10/1-a); a general power of attorney is not enough. For most people abroad the third route is the practical one, because it does not depend on credentials you may never have had.

If the certificate is for a foreign authority, it will usually need an apostille and a certified translation. That step takes time and is worth starting before a deadline rather than after.

Section 03

Erasure and correction

Entries do not remain indefinitely in every case. Archive entries are erased by operation of law rather than on application: for ordinary convictions, five years after the conditions for transfer to the archive arose; for convictions that carry a disqualification under Article 76 of the Constitution or under a law outside the Penal Code, fifteen years where an order restoring prohibited rights has been obtained and thirty years where it has not (Law no. 5352, art. 12). Where the act has ceased to be an offence, the record is erased without any request at all. What does take an application is the separate court decision restoring prohibited rights (art. 13/A), and the correction of an entry that is wrong — wrong identity, an entry that should have been removed, an outcome recorded incorrectly.

Whether an application is available in your case depends on the outcome recorded, not on how long ago it felt. The first step is always to read the record itself rather than to argue about what it probably says.

Section 04

Why this matters for foreign nationals

Archive entries surface at the least convenient moments: residence and work permit applications, citizenship applications, visa applications to third countries, professional licensing, and adoption or guardianship processes. They can also surface at the Turkish border years after the underlying matter closed.

If you are planning any of these, obtaining and reading your own record first — rather than discovering its contents through a refusal — is a small piece of work with a large payoff.

Section 05

Questions we are asked most

I was acquitted. Is there still a record?
No. Under Law no. 5352, art. 4 only final convictions handed down by Turkish courts enter the judicial record, and only convictions pass from there into the archive record. What is recorded separately, and is often mistaken for an acquittal, is a deferral of the announcement of the verdict (HAGB) or a deferral of prosecution, each kept in its own restricted register.
Can you obtain my record for me if I am abroad?
Yes, under a power of attorney, and we can arrange apostille and certified translation where a foreign authority needs it.
Does a fine create a record?
It depends on the nature of the penalty and how the file concluded. Administrative fines and criminal penalties are treated differently.
When is an archive entry erased?
Erasure runs on time rather than on an application: five years for ordinary convictions, and fifteen or thirty years where the conviction carries a disqualification (Law no. 5352, art. 12). What needs a written application is restoring prohibited rights, or correcting an entry that is wrong.
Related

Related pages

Contact

Reach the duty desk

Tell us where the person is and what they have been told. An enquiry commits you to nothing. If it is urgent, message or call rather than write.

Call now WhatsApp
Call nowWhatsApp