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[Legal Analysis].There is no way to eliminate the records and archives of administrative punishments received by the public security organs, because according to the regulations, these materials must be archived for future reference. However, don't worry, this is not a criminal record, it will not affect your future life, and the judicial authorities will only obtain these information if you break the law again. When the organs for the management of criminal record information and inquiries into criminal record information provide criminal information inquiry services to the public, they shall do so in strict accordance with laws and regulations on qualifications and requirements for further education, enlistment, employment, and so forth.
Where staff do not provide information in accordance with provisions, or intentionally provide false or fabricated information, and the circumstances are serious or cause serious consequences, the responsibility of the relevant personnel shall be pursued in accordance with law.
[Legal basis].Administrative Punishment Law of the People's Republic of China Article 29: Where illegal acts are not discovered within two years, administrative punishments are no longer to be given. Except as otherwise provided by law. The period provided for in the preceding paragraph is calculated from the date on which the illegal conduct occurred, and where there is a continuous or continuing state of legal conduct, it is calculated from the date on which the conduct ends.
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According to the "Credit Restoration Measures" and the relevant provisions of Credit China: General administrative punishment: Restoration can be applied for after 3 months of the publicity period; Serious administrative punishments:
After the expiration of 6 months of the publicity period, you can apply for restoration; Applicants may apply for restoration upon the completion of the 1-year period for the disclosure of administrative punishment information in the fields of food, drugs, and special equipment. However, considering that some enterprises are involved in major projects or major people's livelihoods, with the support of China's generous credit policy, on the official website of Credit China or the Law Enforcement Bureau, the administrative punishment records within the publicity period or before the publicity period can also be eliminated or credit repaired, but the procedures and processes required for elimination are more complicated.
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Administrative punishment records can be eliminated in the following ways:1Expungement period:
Under normal circumstances, records of administrative punishments may be erased within three years from the date of the punishment. However, some administrative punishment records have a specific expungement period, for example, some records of serious violations and crimes can be erased for five years or more. 2.
Other specific methods: For certain specific circumstances or specific administrative punishment records, the law also stipulates that other methods can be adopted to eliminate them, and applications need to be made in accordance with relevant regulations. It should be noted that if the administrative punishment record has a greater impact on the career development or social reputation of the individual, it can be applied for elimination through legal channels.
In addition, the record of the fine can only be expunged after the fine has been paid. The following conditions are generally required to be met to expunge an administrative penalty record:1
The subject of the penalty has fulfilled the obligations of the penalty decision, and no other illegal acts have occurred; 2.The decision to impose an administrative penalty has not been revoked or changed. Some administrative punishment records are relatively serious and cannot be eliminated through ordinary methods of elimination, such as engaging in illegal activities in the financial field, administrative punishment records involving health and safety, etc.
For these records, if Laheng wants to remove the adverse effects on his professional and social life, he needs to apply for the elimination of them through legal proceedings. It is worth mentioning that even if the administrative punishment records are eliminated, the relevant records will still be kept in the archives of the administrative law enforcement department, but these records will no longer have an impact on the individual's professional and social life. <>
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If they are to be eliminated, they must ask the director of the public security bureau for approval and report to the provincial-level public security organ's network supervision department before they can be eliminated, and the cases punished by the judicial department are the same as those of the public security organs. The so-called "case record" in the folk is entering the personal file, which only refers to the act of recording the conviction of the criminal offender in the file after the criminal perpetrator bears criminal responsibility. It is basically impossible to eliminate the record of criminal responsibility in the file, and only in a few places there are some relevant provisions and judicial interpretations that allow the criminal record to be erased from the file if it is believed that the perpetrator of the juvenile crime can be actively repented.
The record of receiving administrative punishment or criminal punishment cannot be erased for a lifetime.
Legal basis: "Administrative Punishment Law of the People's Republic of China" Article 1: This Law is formulated on the basis of the Constitution so as to regulate the establishment and implementation of administrative punishments, to ensure and supervise the effective implementation of administrative management by administrative organs, to preserve the public interest and social order, and to protect the lawful rights and interests of citizens, legal persons or other organizations.
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We are glad to answer for you: The way to eliminate the record of resensitivity punishment in the administration is as follows: the administrative penalty can be revoked through administrative reconsideration or through administrative litigation.
Where the reconsideration organ finds that the original administrative punishment is truly improper, it is to revoke or modify the administrative punishment decision. Where, after litigation, the people's court finds that the administrative punishment is truly improper, it may also revoke the administrative punishment decision. Article 76 of the "Administrative Punishment Law of the People's Republic of China" In any of the following circumstances, administrative organs at the level above or relevant organs are to order corrections and give sanctions to the directly responsible managers and other directly responsible personnel in accordance with law:
1) There is no legally-prescribed basis for administrative punishment; (2) Changing the type and range of administrative punishments without authorization; (III) violating the statutory administrative punishment procedures; (4) Violating the provisions of article 20 of this Law on entrusted punishments; (5) Law enforcement personnel have not obtained law enforcement certificates. Where administrative organs do not promptly file cases that meet the standards for case filing, they are to be handled in accordance with the provisions of the preceding paragraph. Article 20 of the "Administrative Punishment Law of the People's Republic of China" provides for entrusted punishment; (5) Law enforcement personnel have not obtained law enforcement certificates.
Where administrative organs do not promptly file cases that meet the standards for case filing, they are to be handled in accordance with the provisions of the preceding paragraph.
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