HAGB and Your Career: Civil Service, Security Clearance, and Visa

Summary: The 'Not a Conviction' Defense Legally, HAGB is Not a Conviction. Therefore, in theory, it should not affect your rights. However, in practice (Admi...

The “Not a Conviction” Defense

Legally, HAGB (Deferral of the Announcement of the Verdict) is Not a Conviction. Therefore, in theory, it should not affect your rights. However, in practice (Administrative Law), it is complicated.

1. Civil Service (Memuriyet - Law 657)

General Rule: HAGB does NOT prevent you from becoming a civil servant.

Unlike a finalized prison sentence, HAGB is not a legal impediment for general officer roles (Clerk, Teacher, Nurse).
Exception: If the crime is one of the “Disgraceful Crimes” (Yüz Kızartıcı Suçlar) listed in Art. 48/A-5 (e.g., Theft, Fraud, Forgery, Bribery), even HAGB might be grounds for dismissal or rejection. The State Council’s view fluctuates here.

2. Security Clearance (Soldier / Police / Intelligence)

For military, police, and intelligence jobs, the criteria are stricter.

Security Investigation: They look at everything, including HAGB.
Current Practice: Security boards often reject candidates with HAGB for serious crimes (Drugs, Terror, Sexual Assault).

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Legal Remedy

If you are rejected solely due to specific HAGB records, you must file a Cancellation Lawsuit in Administrative Court. Administrative Courts generally rule that “HAGB cannot be used as a basis for rejection” unless the nature of the crime directly conflicts with the duty.

3. Attorneys and Judges

Attorneys: The Bar Association usually accepts candidates with HAGB (unless it’s a crime against the profession).
Judges: Very strict. Usually a rejection.

4. Foreign Visas and Travel

Travel Ban: HAGB does NOT impose a travel ban. You can leave the country.
Visa Applications: Embassies (US, UK, Schengen) ask: “Have you ever been arrested or convicted?”

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Visa Honesty

Technically, HAGB is not a conviction. However, police certificates requested by consulates sometimes show detailed remarks. Advice: Honesty is best. Disclose it as “Suspended Judgment” rather than lying. Lying about a past arrest can lead to a permanent ban for visa fraud.

Legal Support: If your career is blocked by an old HAGB decision, we utilize Administrative Courts to annul that rejection.

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⚖️ Attorney Fevzi Yaşkir - Licensed attorney at Konya Bar Association providing legal consultation and case management services for international clients.

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