The Regulation answers this question directly, and attaches a condition: a specific action must have been taken in respect of the record.
The Text
Art. 38/3 of the Press Card Regulation: no new press card is issued to those who fall foul of subparagraphs (ç), (d) and (e) of the first paragraph of Art. 8 unless it is established that action has been taken under Arts. 12 and/or 13/A of Criminal Records Law No. 5352 of 25/5/2005.
The same rule appears in the Law: the second paragraph of Additional Article 7 of Law No. 5187 contains a provision to the same effect.
| Element | Content |
|---|---|
| Which subparagraphs | (ç) catalogue offences, (d) terrorism offences, (e) offences under Art. 25/2 of Law No. 5187 |
| Condition | Action taken under Arts. 12 and/or 13/A of Law No. 5352 |
| Who establishes it | The Directorate - which may request information from the Directorate General of Criminal Records and Statistics under Art. 29 |
| Result | No new card until the action is established |
How to Work Through It
- Find out the state of the record first. Obtain your criminal record and archive record.
- Identify which subparagraph applies - (ç), (d) or (e)?
- Complete the action under Law No. 5352. This is a judicial process; run it with a lawyer.
- Reapply once the action is complete. Art. 38/1: once the grounds of cancellation have disappeared, the person seeking a press card must apply afresh - the card does not come back by itself.
A Different Waiting Period: Press Ethics
A separate ground of cancellation carries its own period. Under Art. 38/2, where it is established that a card holder has acted contrary to the press ethics principles set under Art. 49 of Law No. 195, the Commission may warn the holder, stating its reasons, or decide to cancel the card, according to the nature of the breach.
Art. 38/4 attaches a specific period to that case: where a card is cancelled under the second paragraph, no new press card is issued until one year has passed from the date the card was returned.
| Ground of cancellation | Condition for getting a card again |
|---|---|
| Loss of the Art. 8 qualities - subparas. (ç), (d), (e) | Action taken under Arts. 12 and/or 13/A of Law No. 5352 |
| Loss of the Art. 8 qualities - other subparagraphs | The ground disappearing + a fresh application |
| Breach of press ethics principles | One year from the date of return |
| The outlet losing its qualities | The ground disappearing + a fresh application |
| Letting someone else use the card | The ground disappearing + a fresh application |
How the Card Is Returned
Art. 37/1: a press card is returned to the Directorate within one month in the event of a change of workplace or title, of leaving a job, and of cancellation of the card. Art. 37/4 is categorical: no new press card application is processed until the old card has been returned.
Summary
- Expunging a record is not sufficient on its own.
- Art. 38/3 requires action under Arts. 12 and/or 13/A of Criminal Records Law No. 5352 for those falling foul of subparagraphs (ç), (d) and (e).
- A fresh application is required once that action is established; the card is not restored automatically.
- For cancellation on press ethics grounds, a separate one-year period runs from the date of return.