Criminal Records in Turkey and Their Deletion: A Guide for Foreign Nationals

If you have received a criminal conviction in Turkey, or you are worried about how a past sentence might affect your residence permit, work permit, or citizenship application, everything begins with the criminal record known in Turkish as the adli sicil kaydı (popularly, sabıka kaydı). Law No. 5352 on Criminal Records sets out in detail how these records are created, who may access them, and under what conditions they are deleted. For foreign nationals living in Turkey in particular, knowing when and how a past conviction is erased is essential to protecting immigration status.

How a Criminal Record Is Created

Under Article 1 of the Criminal Records Law, the record system captures only information relating to finalized convictions for penalties and security measures. A pending trial, an open case, or an ongoing investigation is not entered into your record. An entry arises only once a conviction has become final.

Article 4 lists, one by one, which decisions are recorded: prison sentences, judicial fines, alternative sanctions in place of short-term imprisonment, deprivation of the exercise of certain rights, and similar rulings. By contrast, Article 5 states that disciplinary convictions and administrative fines are not entered into the record; a traffic administrative fine, for example, does not create a criminal record.

An important point for foreigners appears in Article 2: the records of foreigners who have committed offences in Turkey are also kept in the Central Criminal Record maintained by the Ministry of Justice. Furthermore, under Article 6, decisions deferring the announcement of the verdict (HAGB) are entered not into the general record but into a special system that can only be requested in connection with an investigation or prosecution.

The Difference Between the Criminal Record and the Archive Entry

Turkish law recognizes two distinct types of entry, and understanding the distinction is crucial. The criminal record is the entry in which a conviction actively appears. Under Article 9, where the penalty or security measure has been fully served, where a withdrawal of complaint or effective remorse extinguishes the conviction with all its consequences, where the statute of limitations on the penalty expires, or where a general amnesty applies, the criminal record is deleted — but it is not entirely destroyed; it is moved to the archive.

The archive entry is a record that, although removed from the standard criminal-record certificate, is retained for set periods and accessible only to a limited range of authorities. In other words, completing your sentence does not mean the trace of a past conviction disappears at once; the entry lives on in the archive for a further period. This distinction means that even a person who obtains a "clean" record certificate may still have an entry in the archive.

Full Deletion of the Archive Entry

When the archive entry is fully deleted is governed by Article 12. The periods vary according to the nature of the conviction:

• For convictions that cause a loss of rights under Article 76 of the Constitution or under laws other than the Turkish Penal Code: the entry is deleted after 15 years, on condition that a decision on the restoration of prohibited rights (memnu hakların iadesi) has been obtained, or after 30 years where no such decision is obtained.
• For other convictions: the entry is deleted 5 years after the date on which the conditions for archiving arose.

Article 12 further provides that where an act ceases to be an offence by law, or where an acquittal follows a reopening of proceedings or a reversal in the interest of the law, the entry is deleted entirely without any application. The archive entry is likewise deleted in full upon the death of the person concerned. These deletions are decided by a commission of three judges within the Directorate General.

Restoration of Prohibited Rights

Some convictions produce a loss of certain rights even after the sentence has been served — for example, a bar on entering public service or practising particular professions. Article 13/A provides the route of restoration of prohibited rights for such deprivations imposed by laws other than the Turkish Penal Code.

To pursue this route, three years must have elapsed since the completion of the sentence, and the court must be satisfied that the person has not committed a new offence and has led a well-conducted life during that period. The application is made to the court that issued the judgment or to a court of the same level in the person's place of residence. Because it also allows the archive entry to be deleted earlier (after 15 rather than 30 years), this mechanism is of considerable practical importance.

For Foreigners: The Impact on Immigration Status

A recorded criminal conviction in Turkey can directly affect a foreigner's residence permit, work permit, and citizenship applications. Citizenship and residence legislation requires that the applicant present no obstacle in terms of public order and public security; a finalized conviction still visible in the archive may be weighed against the applicant. For this reason, foreigners with a past sentence should check the current status of their records and the applicable deletion periods before applying.

To learn the content of your own criminal and archive record, Article 13 offers a secure route: individuals may query their own records through e-Devlet using secure identity-verification tools and receive the certificate electronically. Alternatively, the certificate can be obtained by applying to a Chief Public Prosecutor's Office or, abroad, to a Turkish embassy or consulate. The purpose of use (for instance, a residence application) must be stated when requesting the document.

Frequently Asked Questions

I have completed my sentence; is my record deleted immediately? Completing the sentence deletes the criminal record, but the entry does not vanish; it is transferred to the archive. The archive entry is then fully deleted once periods such as 5, 15, or 30 years — depending on the nature of the conviction — have elapsed.

Does an administrative fine create a criminal record? No. Article 5 lists administrative fines among the information not entered into the criminal record; such penalties do not create a record.

As a foreigner, how can I check my own Turkish criminal record? You can request your criminal and archive record through e-Devlet with secure identity verification, or via a Chief Public Prosecutor's Office or a Turkish consulate abroad.

Does an HAGB decision appear on my criminal record? Decisions deferring the announcement of the verdict do not appear on the general criminal record; they are entered only into a special system that can be requested in connection with an investigation or prosecution.

How Mona Hukuk Can Help

Deleting a criminal record, applying for the restoration of prohibited rights, and assessing the impact of a past conviction on a residence or citizenship process all require careful legal analysis. At Mona Hukuk, we support our foreign clients in reviewing criminal and archive records, calculating deletion periods, filing applications for the restoration of prohibited rights, and planning immigration applications in light of these records.

For a consultation in Antalya, write to contact@monahukuk.com or call +90 (242) 606 14 32.