Suspension of Verdict Announcement (HAGB) and Criminal Record Expungement

One of the most common legal institutions in Turkish criminal law is the Suspension of Verdict Announcement (HAGB), regulated under Article 231 of the Turkish Code of Criminal Procedure (CMK No. 5271). This mechanism ensures that a conviction verdict against a defendant does not produce any legal consequences, keeping their criminal record clear and allowing them to undergo a probation period without facing immediate sentencing. If the defendant successfully completes the 5-year supervision period without committing any intentional crimes, the public lawsuit is permanently dismissed.

1. What are the Conditions for Receiving HAGB in Turkey?

For a court to rule in favor of HAGB, several specific conditions under Turkish criminal law must be met concurrently:

• The sentence ordered by the court must be 2 years or less of imprisonment or a judicial fine.
• The defendant must not have been previously convicted of an intentional crime (a clean criminal record).
• The court must form a positive opinion based on the defendant's character traits, behavior, and attitude during the trial that they will not commit any crimes again.
• Any material damage caused to the victim or public must be fully compensated or restored to the original state.
• The defendant must explicitly accept the application of HAGB. If the defendant rejects it, the court declares the conviction.

2. Does HAGB Appear on a Criminal Record?

A primary concern for many individuals is whether HAGB will appear on their official criminal background check. HAGB decisions do not appear on standard criminal records (sabıka kaydı) or criminal archive records in Turkey. These decisions are stored in a highly restricted, separate registry maintained by the Ministry of Justice, accessible only by judges and prosecutors in connection with their official duties. General background checks obtained via e-Devlet or local courthouse desks will show a completely clean record.

3. Expungement and the 5-Year Supervision Period

Once the HAGB decision becomes final, a 5-year supervision period begins (3 years for juveniles). During this period:

• If the defendant does not commit another intentional crime and complies with the probation rules, the case is officially dismissed at the end of the term.
• Upon dismissal, the restricted registry entries of HAGB are permanently deleted.
• Important Notice: This expungement is not always automated. Upon completion of the 5-year period, the individual should file a formal petition to the trial court to officially drop the case and notify the Ministry of Justice to clear the special database.

4. Impact of HAGB on Employment and Security Clearances

Under Civil Servants Law No. 657, HAGB does not prevent general public service employment. However, special institutions such as the Armed Forces (TSK), Police Force (Emniyet), Gendarmerie, and National Intelligence Organization (MİT) have their own strict regulations regarding security clearances.

While public institutions previously disqualified candidates based on HAGB records, recent rulings by the Constitutional Court and the Council of State have established that a HAGB decision alone cannot justify a negative security clearance, as doing so violates the right to a fair trial and the presumption of innocence. Candidates facing wrongful disqualification should file an administrative lawsuit for annulment.

Frequently Asked Questions

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