The drunk driving record can be expunged after a few years

Updated on society 2024-03-11
8 answers
  1. Anonymous users2024-02-06

    It cannot be undone. This is a lifelong criminal record, and even if the file is destroyed, it is useless.

    Those sentenced to short-term detention are crimes. Criminal records cannot be expunged. This is because the files of criminal cases should be filed and kept for future reference. Even if the relevant archival materials need to be destroyed after reaching the expiration date, the important materials in them will be preserved.

    Article 30: The period for the retention of litigation archives is divided into permanent and fixed-term, and the period is divided into two types: 60 years and 30 years.

    Article 32: People's procuratorates at all levels shall, in accordance with relevant state provisions, conduct appraisal work on litigation archives where the period of custody has expired. The leading group for appraisal work is composed of the person in charge of the general office (office), relevant business personnel and archival staff.

    Article 33: Paragraph 3: Before destruction, a copy of the conclusive legal documents produced by the people's procuratorate that can explain the basic circumstances of the entire case shall be taken out and bound and included in the original case file for permanent storage.

  2. Anonymous users2024-02-05

    Will the case record be expunged after 5 years of drunk driving in my country?

  3. Anonymous users2024-02-04

    Because the traffic law now stipulates that drunk driving and drunk driving are not the same, drunk driving can generally be detained for about 15 days without leaving a criminal record, but if you have a traffic accident with a more serious drunk driving situation, you need to be sentenced, once you are sentenced, the case record will not be cleared, this case will follow you in this life, if you are drunk driving and do not have a traffic accident, you will also leave a criminal record, this case record will not be eliminated, because you are found by the traffic police that you are drunk driving will be detained, This is also a kind of criminal punishment, which will keep the person's criminal record until death

  4. Anonymous users2024-02-03

    The drunk driving record will not be expunged. It is permanently retained as a personal bad record.

  5. Anonymous users2024-02-02

    Analysis of the law of jujube and tongtong: the amount of alcohol in the blood containing more than or equal to 80mg 100ml is stipulated as "drunk driving"; Less than the previous number, but greater than or equal to 20mg 100ml, is "drunk driving". As long as the driver's blood alcohol concentration reaches 80mg 100ml, it constitutes the crime of "dangerous driving" and will be subject to criminal prosecution.

    If you are punished for drunk driving twice or more within one year, your motor vehicle driver's license will be revoked, and you will not be allowed to drive a commercial motor vehicle for 5 years. Therefore, it will be five years before the case record is expunged!

    Legal basis: Article 133-1 of the Criminal Law of the People's Republic of China Anyone who drives a motor vehicle on the road in any of the following circumstances shall be sentenced to short-term detention and a concurrent fine:

    1) Chasing and racing, where the circumstances are heinous; (2) Driving a motor vehicle while intoxicated; (C) engaged in school bus business or passenger transport, seriously exceeding the rated occupant capacity, or seriously exceeding the speed limit; (4) Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety. Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items (3) or (4) of the preceding paragraph, punishment is to be given in accordance with the provisions of the preceding paragraph. Where the conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions of the heavier punishment for rocks and sends.

  6. Anonymous users2024-02-01

    Summary. Dear, hello, the drunk driving case can be eliminated after 5 years If you are sentenced to fixed-term imprisonment or criminal detention for the crime of drunk driving, you need to wait for 5 years before you can apply for expungement. In order to enable criminal suspects or criminals to reintegrate into society and be recognized by society after serving a prison sentence or probation, and to motivate them to correct their mistakes, our laws stipulate the conditions and procedures for expunging drunk driving cases.

    Only after the corresponding conditions are met can an application be made to the court to expunge the drunk driving record. If the conditions are met, the court will make a decision in accordance with the relevant regulations to expunge the original records, so as to achieve the goal of reintegrating the criminal suspect or criminal into society and gaining social recognition.

    Dear, hello, drunk driving case can be eliminated early after 5 years of rent If you are sentenced to fixed-term imprisonment or criminal detention for drunk driving, you need to wait for 5 years before you can apply for elimination. In order to allow criminal suspects or criminals to reintegrate into society and be recognized by society after serving their sentences or probations, and also to motivate them to correct their mistakes, China's laws stipulate the conditions and procedures for expunging drunk driving cases. Only after the corresponding conditions are met can an application be made to the court to expunge the drunk driving record.

    If the conditions are met, the court will make a decision in accordance with the relevant regulations to expunge the original records, so as to achieve the goal of reintegrating the criminal suspect or criminal into society and gaining social recognition.

    Article 154 of the Criminal Law of the People's Republic of China stipulates: "Where a fixed-term imprisonment or short-term detention is completed and a suspended sentence is applied, before the expiration of the probationary period of the suspended sentence, if there is no further offense, the applicant may apply to the basic level people's court at the place where the original judgment is rendered to expunge the criminal record." ”

  7. Anonymous users2024-01-31

    Summary. Kiss <>

    Legal basis: Article 73 of the Road Traffic Safety Law of the People's Republic of China stipulates that if a person drives a motor vehicle after drinking, the motor vehicle driver's license shall be revoked and the motor vehicle driver's license shall not be re-obtained for life; If a traffic accident is caused by driving a motor vehicle after drinking, the motor vehicle driver's license shall be revoked, and the motor vehicle driver's license shall not be re-obtained within three years; After the driver's license is revoked, after more than five years, you can apply for a new motor vehicle driver's license.

    If you drive a non-motor vehicle after drinking alcohol, your non-motor vehicle driver's license will be revoked, and you will not be allowed to re-obtain a non-motorized vehicle driver's license for five years!!

    The drunk driving record can be expunged after a few years

    Hello dear! <>

    It takes more than five years for a drunk driving record to be expunged!!

    Kiss <>

    Article 73 of the Road Traffic Safety Law of the People's Republic of China stipulates that if a person drives a motor vehicle after drinking, the motor vehicle driver's license shall be revoked and the motor vehicle driver's license shall not be re-obtained for life; If a traffic accident is caused by driving a motor vehicle after drinking, the motor vehicle driver's license shall be revoked, and the driver's license shall not be re-obtained within three years; After the driver's license is revoked, after more than five years, you can apply for a new motor vehicle driver's license.

    If you drive a non-motor vehicle after drinking alcohol, your non-motor vehicle driver's license will be revoked, and you will not be allowed to re-obtain a non-motorized vehicle driver's license for five years!!

    <> another thing to note is the kiss <>

    According to the provisions of the Road Traffic Safety Law, drunk driving is a serious violation, and once investigated, the motor vehicle driver's license will be revoked and the corresponding legal responsibility will be investigated. In the case of the revocation of the motor vehicle driver's license, the driver must accept a complete punishment according to law, and shall not re-obtain the motor vehicle driver's license within more than five years!!

    <> kiss, is there anything else you don't understand? Tell me more about your situation and I'll answer for you. <>

  8. Anonymous users2024-01-30

    Summary. Hello. Legal Analysis:

    It cannot be eliminated. The drunk driving case record will not be revoked permanently, this is an illegal record, and the preservation of the file is considered to have reached the specified time in our country, and the important materials will generally be preserved, and the unimportant ones will generally be destroyed, and the files will generally be kept by the public security department. Driving a motor vehicle while intoxicated, regardless of whether the circumstances are heinous or not, and whether or not it causes consequences, will be convicted of "dangerous driving" and sentenced to criminal detention and a fine.

    The newly revised Criminal Law came into force on May 1, 2011, and the criminalization of "dangerous driving" has aroused great concern in society, significantly increasing the punishment for drunk driving, drag racing and other dangerous driving behaviors. In May 2011, the Supreme People's Court conducted a survey on drunk driving cases across the country and prepared to issue relevant judicial interpretations. Drunk driving is the act of driving a motor vehicle in a state that results in total or partial loss of personal will due to the consumption of alcohol.

    A blood alcohol content greater than 20 milligrams per 100 milliliters is considered drunk driving, and a blood alcohol content greater than 80 milligrams is one of the traffic offences of drunk driving, referred to as drunk driving. Where criminal records have been sealed, they must not be provided to any unit or individual, except where judicial organs are needed to handle the case or where relevant units conduct inquiries in accordance with state provisions. Units conducting inquiries in accordance with law shall keep confidential the circumstances of the sealed criminal records.

    Hello. Legal Analysis: No Elimination.

    The drunk driving case record will not be revoked permanently, this is a record of violating the sensitive and quiet law, and the preservation of the file is considered to have reached the specified time in our country, and the important materials will be preserved in a positive way, and the unimportant ones will generally be destroyed, and the files will generally be kept by the public security department. Driving a motor vehicle while intoxicated, regardless of whether the circumstances are heinous or not, and whether or not they cause consequences, will be convicted of "dangerous driving" and sentenced to criminal detention and a fine. The newly revised Criminal Law came into force on May 1, 2011, and the criminalization of "dangerous driving" has aroused great concern in society, significantly increasing the punishment for drunk driving, drag racing and other dangerous driving behaviors.

    In May 2011, the Supreme People's Court conducted a survey on drunk driving cases across the country and prepared to issue relevant judicial interpretations. Drunk driving is the act of driving a motor vehicle in a state that results in total or partial loss of personal will due to the consumption of alcohol. A blood alcohol content greater than 20 milligrams per 100 milliliters is considered drunk driving, and a blood alcohol content greater than 80 milligrams is one of the traffic offences of drunk driving, referred to as drunk driving.

    Where criminal records have been sealed, they must not be provided to any unit or individual, except where judicial organs are needed to handle the case or where relevant units conduct inquiries in accordance with state provisions. Units conducting inquiries in accordance with law shall keep confidential the circumstances of the sealed criminal records.

    Legal basis: According to the "People's Procuratorate Measures for the Management of Litigation Archives" and the third paragraph of Article 13 of the People's Procuratorate, before destruction, Qi Kuqi shall take out a copy of the conclusive legal documents produced by the people's procuratorate that can explain the basic circumstances of the whole case, organize and bind, and include them in the original case file for permanent preservation in the year of archiving.

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