Act C of 2012 on the Criminal Code (as in force on 1 April 2022) This document has been produced for informational purposes only. d) on the day when the probationary period expires, if a sentence of suspended imprisonment was imposed, e) on the day when the sentence is served or its enforceability ceases, if a sentence of imprisonment was imposed for committing a misdemeanour by negligence, f) three years after the sentence is served or its enforceability ceases, if a sentence of imprisonment for a period not exceeding one year was imposed for committing an intentional criminal offence, g) five years after the sentence is served or its enforceability ceases, if a sentence of imprisonment for a period of over one year but not exceeding five years was imposed for committing an intentional criminal offence, h) eight years after the sentence is served or its enforceability ceases, if a sentence of imprisonment for a period of over five years but not exceeding ten years was imposed for committing an intentional criminal offence, i) ten years after the sentence is served or its enforceability ceases, if fixed-term imprisonment of over ten years was imposed for committing an intentional criminal offence. (2) In the case specified in paragraph (1) b), expungement shall not result in reinstating the right of the convict to a) exercise a profession if disqualification from a profession, b) drive a vehicle if disqualification from driving a vehicle, c) stay in the settlement or area of the country specified in the judgment if a ban on entering certain areas, d) visit sports events if a ban on visiting sports events was ordered. (3) In the case specified in paragraph (1) d), expungement shall not take effect if enforcement of the sentence of imprisonment is ordered. In such a case, the rules pertaining to expungement regarding a sentence of imprisonment to be served shall apply. Expungement by a court Section 101 (1) With regard to a sentence of imprisonment to be served, the court may grant the convict ex post expungement upon request if he is worthy of it and half of the period specified in section 100 (1) f) to i) has passed since the sentence was served or its enforceability ceased. (2) With regard to a sentence of suspended imprisonment, the court may grant the convict ex post expungement upon request if he is worthy of it and half of the probationary period but at least one year, has passed. (3) For the purpose of considering worthiness, the lifestyle pursued by the convict since serving his sentence or, with regard to a sentence of suspended imprisonment, since the conclusive decision became final and binding, and whether or not he made reparation for the harm caused by his criminal offence if he had the chance to do so. (4) Ex post expungement regarding a sentence of suspended imprisonment shall become ineffective if enforcement of the sentence of suspended imprisonment is ordered. Section 102 (1) If enforcement of a sentence of imprisonment is suspended, the court may grant the convict expungement in advance in its conclusive decision if he is worthy of it. (2) Expungement in advance shall become ineffective if enforcement of the sentence of suspended imprisonment is ordered. 31 Contact: eu-forditas@im.gov.hu

Select target paragraph3