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Note · Law no. 5352

Will a Turkish conviction show up on a background check in your own country?

Usually it does not appear by itself, and where it does, the route is identifiable. Türkiye records only final convictions, and it does not publish them. A conviction reaches your own country's records mainly through the annual exchange between justice ministries under the 1959 European convention, through a certificate you are asked to produce, or through a prisoner transfer. Which route applies decides everything.

What is recorded

What Türkiye actually writes down, and when

Türkiye keeps criminal records under Law no. 5352, the Judicial Records Act (Adlî Sicil Kanunu). Article 2 puts everything in one place: a central judicial record held at the Ministry of Justice, covering Turkish nationals and, expressly, foreigners who have committed an offence in Türkiye. There is no public version of it. Article 11 makes both the judicial record and the archive record confidential, and bars the bodies they are given to from using them for any purpose other than the one stated in the request.

What goes in is narrower than most people assume. Article 4/1 records convictions of a Turkish court that are final. A first-instance judgment under appeal is not final, and while an istinaf or temyiz appeal is pending there is nothing in the judicial record to report to anyone. Article 5 excludes three categories outright: disciplinary and purely military offences, disciplinary or coercive detention (tazyik hapsi), and administrative fines. A Turkish administrative fine is not a criminal record entry and never becomes one.

Article 6/1 covers the two outcomes foreign defendants most often receive. Deferral of the opening of a public prosecution (kamu davasının açılmasının ertelenmesi) and deferral of the announcement of the judgment (HAGB) are recorded, but released only where a court, a judge or a Chief Public Prosecutor's Office asks for them in connection with an investigation or prosecution. They do not appear on a certificate handed to you or to an employer.

The annual exchange

The route that does not need you: ministry to ministry

The route that runs without you is a treaty route. The European Convention on Mutual Assistance in Criminal Matters was signed in Strasbourg on 20 April 1959, and Türkiye approved it by Law no. 1034 of 18 March 1968; the text was published in the Official Gazette of 16 October 1968, no. 13028. Article 22 is short, and it is most of the answer:

"Each Contracting Party shall inform any other Party of all criminal convictions and subsequent measures in respect of nationals of the latter Party, entered in the judicial records. Ministries of Justice shall communicate such information to one another at least once a year."

If you hold the nationality of a state party to that convention, a final Turkish conviction is expected to reach your own ministry of justice whether or not you mention it. Two things follow. Timing: "at least once a year" is a floor, so the notification can arrive long after the Turkish file closes, which is why a check can come back clean and then, later, not. And what happens on arrival is not Turkish law at all — whether your state enters the notification in its own register, and whether that register feeds the certificate an employer or a visa section actually reads, is decided there.

Article 13 of the same convention adds a narrower channel for live criminal matters: the judicial authorities of a party may ask Türkiye for record extracts, supplied to the extent Türkiye would supply its own judicial authorities in a like case. Outside the convention a door remains open. Article 7/2 of Law no. 5352 supplies judicial record information requested by foreign states on the basis of reciprocity, and under Article 3/1-a of Law no. 6706 the Ministry of Justice, as Central Authority, decides such requests under a treaty or under that principle.

Routes through you

The three routes that run through something you do

You are asked to produce the certificate. Residence and work permit files, professional licensing, citizenship applications and third-country visa sections routinely require a police certificate from every country lived in. The record then reaches them from you, not from Ankara. Article 7/1-a of Law no. 5352 gives it to the person concerned, or to an attorney where the power of attorney says so expressly; Article 8 has it issued by Chief Public Prosecutors' Offices and district governorships inside Türkiye and by Turkish embassies and consulates abroad; Article 13/2 lets you query your own record electronically using secure identity authentication. Ask which version is wanted, because the ordinary certificate and the one carrying the archive record are not the same document.

You transfer home to serve the sentence. Article 32 of Law no. 6706 allows a convicted person who is in a penal institution to be transferred to a foreign state for execution, and the conditions have to be met together: he is a national of that state or has strong social ties to it, he or his legal representative consents, the judgment is final, the act is an offence there too, at least six months of the prison sentence remains to be served unless the central authorities decide otherwise, and no other investigation or prosecution is pending against him in Türkiye. Article 32/2 requires the certified copy of the judgment and the text of the articles applied to be sent to that state. A transfer therefore hands your own authorities the conviction in full, by design.

You are removed and banned from re-entry. A removal decision and an entry ban are administrative, held in Türkiye, and are not judicial record entries. They govern what happens at a Turkish passport desk, not what a certificate at home says, which is why deportation and criminal record have to be handled as two problems on two separate timetables.

Erasure

How long the Turkish entry lasts, and why erasure here does not erase it there

Article 9/1 moves an entry out of the judicial record and into the archive record (arşiv kaydı) once the sentence or security measure has been executed, or the conviction has been removed in all its effects by withdrawal of complaint or effective remorse, or the penalty has become time-barred, or a general amnesty applies. That is the moment an ordinary certificate goes clean while the archive entry survives. Article 10/1-a lets you request that archive record yourself, which is the only reliable way to learn what it holds.

Archive recordWhen it is erased completely
Ordinary convictionsFive years from the date the conditions for archiving arose (Art. 12/1-c)
Convictions causing a loss of rights under Article 76 of the Constitution or under a law outside the Turkish Criminal CodeFifteen years, where a decision restoring prohibited rights has been obtained (Art. 12/1-b/1)
The same convictions, with no such decisionThirty years (Art. 12/1-b/2)

Restoration of prohibited rights (yasaklanmış hakların geri verilmesi) is not automatic. Article 13/A requires three years to have passed since the sentence was fully served and no new offence in that period, on an application to the sentencing court or to a court of the same level where you live.

None of these periods reaches abroad. Once a conviction has been transmitted under Article 22, its life in the receiving register follows that state's own erasure rules, and a Turkish erasure decision is at best a document to put in front of that authority. That is the practical case for reading your own record early rather than after a refusal. What the two Turkish records contain, and how to obtain and correct them, is set out on the page on the Turkish criminal record.

Questions

Questions we are asked most

I was acquitted, or the prosecutor dropped the file. Does anything go to my country?
No conviction, no entry. Article 4/1 of Law no. 5352 records convictions of a Turkish court that have become final, and Article 22 of the 1959 convention speaks of criminal convictions and subsequent measures entered in the judicial records. An acquittal or a decision not to prosecute is neither. Deferral decisions sit in the restricted register under Article 6/1, released only to a court, a judge or a Chief Public Prosecutor's Office in connection with an investigation or prosecution.
My country is not a Council of Europe member. Does that end it?
No, it removes the standing annual exchange rather than the possibility. A specific request can still be answered: Article 7/2 of Law no. 5352 supplies judicial record information requested by foreign states on the basis of reciprocity, and Article 3/1-a of Law no. 6706 leaves that decision to the Ministry of Justice under a treaty or under the same principle. In practice most immigration and licensing processes ask you for the Turkish certificate rather than asking Türkiye for it.
Can I obtain my Turkish record while I am abroad?
Yes. Article 8 of Law no. 5352 has Turkish embassies and consulates issue it outside Türkiye; Article 7/1-a allows an attorney to obtain it where the power of attorney says so expressly; Article 13/2 allows you to query your own record electronically using secure identity authentication. Ask for the version that includes the archive record under Article 10/1-a, and allow time for an apostille and a certified translation if a foreign authority is going to read it.
Turkish terms on this page4 terms

The file is written in Turkish. These are the words you will see in it, with the provision behind each.

istinaf — appeal to the regional court of appeal
The first appeal against a judgment, to the bölge adliye mahkemesi, within two weeks of service of the reasoned judgment (CMK 273/1).
temyiz — appeal to the Court of Cassation
The appeal on points of law against a regional court of appeal decision, to the Yargıtay, within two weeks of service of the reasoned judgment (CMK 291/1).
hükmün açıklanmasının geri bırakılması — deferral of the judgment (HAGB)
Where the sentence is two years or less, the court may defer announcing the judgment (CMK 231/5) for a five-year supervision period (CMK 231/8). If the period passes cleanly the judgment is set aside and the case dismissed (CMK 231/10).
adli sicil — judicial record
The official record of final convictions kept under Law no. 5352. What is entered, and what is not, is set out in article 4 of that Law.
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