Lawyer honors:
As an attorney honor restoration, we have been advising clients for more than 20 years!
When someone is sentenced to certain penalties by the Police Court or Correctional Court, it usually results in that person losing his or her blank criminal record.
This can often have far-reaching consequences.
Just think of the question that a lot of job applicants are asked to provide proof that they have a clean criminal record before being hired for a particular job.
Also, in the event a person has to reappear in court after a first conviction, the potential penalties may be more severe if a person has a criminal record.
How long does and particular conviction stay on the criminal record?
It goes without saying that the law also provides for a number of options to allow people to regain a blank criminal record.
Thus, there are two separate possibilities particularly the erasure and the honor restoration.
Both measures aim to end the adverse effects resulting from a conviction on the criminal record.
This concerns not only a possible adverse social consequence, but also the consequences in the criminal sphere: an obliterated sentence or a sentence for which rehabilitation was granted is no longer eligible for the application of rules on recidivism deferral or suspension.
EXCHANGE:
Initially, the law provides for the automatic exchange of certain penalties.
However, this concerns only so-called police sentences, being small sentences handed down by a Police Court.
The law provides that these sentences will automatically be automatically expunged after three years from the time of sentencing.
Thus, this measure is not tied to the fulfillment of certain conditions;
This does include an exception for convictions of driving bans or disqualifications that extend over a period longer than three years.
These are not automatically erased after three years.
EERHERSTEL:
If certain sentences are not automatically expunged, the convicted person may be able to apply for what is known as restoration of honor and rights, or rehabilitation of honor.
Procedure:
Those wishing to seek rehabilitation should make a request to the Procurator General.
This is best done with the intervention of an attorney.
The District Attorney will prepare an opinion upon receipt of the request.
The final decision on whether or not to accede to the demand for rehabilitation falls to the Trial Chamber of the Court of Appeals.
Prerequisites:
To qualify first, there are a number of conditions provided:
* All prison sentences must have been served and all fines paid.
The only exception is if it can be shown that the non-execution is not due to the convict himself.
In that case, the convict must wait until the sentences are time-barred.
This is e.g. the case for most short prison sentences that are often not carried out.
Furthermore, all obligations imposed in the judgment must also have been fulfilled.
It concerns e.g. compensation to victim, return of certain items or payment of court costs.
However, the Court of Appeals may possibly grant the convicted person who is unable to comply with this due to incapacity or force majeure the favor of not having to comply with this condition.
* The convict must have completed a certain probation period during which he must have had a permanent residence in BELGIUM or abroad and must have shown good behavior and improvement.
Trial begins from the day the convict leaves prison.
The length of the period varies depending on the sentence imposed (shorter or longer than five years) and on whether the convicted person requesting rehabilitation was convicted for the first time or is a repeat offender.
For sentences shorter than five years, the probation period is three years (for the first offense) or six years for repeat offenders.
For sentences above five years, the probation period is five years for a first conviction or 10 years for repeat offenders.
When a person received a suspended prison sentence, probation is never shorter than the length of the suspension unless it was reduced by grace.
During the probationary period, the convict must not have incurred any new convictions.
Certain minor convictions during the trial period may possibly be condoned by the Court.
These include a conviction to a police sentence, a correctional fine or a correctional prison sentence of less than one month for a violation of a number of legal articles listed in Article 627 of the Code of Criminal Procedure.
* The next condition is that the convict has not received rehabilitation in the past 10 years.
* When convicted of rape, indecent assault or moral offenses committed against minors, the advice of a specialized service in the treatment of sexual offenders must be taken before honor restoration is possible.
How long does it take to get honor restoration?
It is difficult to estimate in advance how long it will take until the K.I. (Chamber of Indictments) makes a decision on an application for rehabilitation.
The application is addressed to the prosecutor’s office.
If there is a positive opinion then honor restoration will be granted without summoning you.
If the opinion is negative or there are convictions for sex offenses, you will be summoned for a hearing before the K.I.
In practice, a lead time of about one year should be taken into account.
If You wish to apply for honor restoration, it is important that You obtain proper advice and assistance.
Our Antwerp criminal lawyers have extensive experience in cases involving honor restoration.
If you have any questions please contact us.
We will be happy to advise and assist you!
