Can I apply for revocation after five years of criminal record?

Updated on society 2024-07-25
16 answers
  1. Anonymous users2024-02-13

    If the criminal record refers to the absence of a criminal record, in fact it is not a legal system, and the case record cannot be revoked according to the rules and regulations of the Criminal Procedure Law, because it is not a rule of law in itself, but only a current criminal policy.

    In addition to juvenile manslaughter, no criminal record can be kept in accordance with regulations, and employers can stipulate that employees indicate whether they have a criminal record, so how much will cause discrimination to the staff released from prison, which is also the factor that causes the staff released from prison to be unable to return to social development.

    However, although most of the criminal records cannot be revoked for a lifetime, they do not mean that a person only needs to have a life after completion, and all the probabilities are in front of him, including a happy life.

    A clean criminal record is not easy to expung. At this stage in China, the legal and judicial departments do not explicitly stipulate the rules and regulations for the settlement of the case.

    The "case record" that everyone usually refers to whether there is a criminal record, whether there is a criminal record, and there is a case record. Records of criminal sanctions can be found in public security departments, people's procuratorates, and courts. The sentence was suspended, which can also be seen at the judicial office.

    Public security detention is a kind of administrative license. The local public security department will store the relevant archives and information content for the punishment records of administrative licenses.

    In the practice of Chinese laws and regulations, a person who has been subject to criminal punishment has a criminal record, regardless of the severity of the crime, the degree of subjective malignancy, or whether he is completely repentant, and he or she has no criminal record, and it cannot be erased for the rest of his life.

    As one of the legal rights created by the case record, it is commonly found in Article 100 of China's Criminal Law, which requires: "A person who has received criminal punishment in accordance with the regulations, in the case of enlisting in the army or employing a student, shall truthfully report to the relevant enterprise that he has received the criminal punishment, and shall not conceal it." "A person who has received criminal punishment in accordance with regulations" refers to a person whose conduct is suspected of a crime and sentenced by the people's procuratorate to a criminal punishment in accordance with China's criminal law.

    It should be noted that a person who has been decided by the people's procuratorate not to prosecute, or who has been exempted from criminal punishment by the people's procuratorate, is not a person who has received criminal sanctions. Generally speaking, as long as it is not a government institution entering the country, the employment pressure of other units should be harmless.

    The definition of the way of violating the law and committing a crime refers to the definition of a violation of the law and committing a crime arising from the description of the legal characteristics of the violation of the law and committing a crime, that is, describing the violation of the law as an individual act that violates the criminal law and has the character of a criminal offense and should be punished by criminal punishment; The essential definition of illegal crime is the definition of illegal crime that arises from the description of illegal crime in the content of social development of illegal crime, that is, the illegal crime is described as an individual behavior that has a negative impact on social development.

  2. Anonymous users2024-02-12

    It is not possible to apply for revocation because the criminal record has reached five years, which is a very serious crime and will be arrested.

  3. Anonymous users2024-02-11

    Of course not, because every person who has committed a crime, his criminal record is permanently kept, and it is impossible to revoke it, but the general company cannot check these criminal records because they do not have authority.

  4. Anonymous users2024-02-10

    No, as long as there is a criminal record, it will be accompanied by a lifetime that cannot be revoked, and there is no legal provision that can be revoked at present.

  5. Anonymous users2024-02-09

    It is not possible to apply for revocation. China's laws stipulate that the criminal record cannot be revoked, which is to protect everyone's safety.

  6. Anonymous users2024-02-08

    It is recommended that it can be eliminated within a certain period of time

  7. Anonymous users2024-02-07

    Every year, there are the most new crimes without a criminal record I have never committed a legal person Breaking the law is more terrible Finding a job also depends on work experience People who have been in prison know the pain of losing their freedom So most of them don't want to go in again The chance of recidivism is 10,000 1 10,000 10 for new offenders

  8. Anonymous users2024-02-06

    War is coming, one piece.

  9. Anonymous users2024-02-05

    Forget what you think, that's impossible!

  10. Anonymous users2024-02-04

    If you kill someone, can you ask the victim's family to forgive? What must be the kind in five years?

  11. Anonymous users2024-02-03

    According to China's Criminal Law, Criminal Procedure Law, and the "Opinions on the Establishment of a Criminal Record System for Criminals" and other laws and regulations, there is no provision that a criminal record can be erased; In other words, the criminal record is lifelong, and a person with a criminal record should truthfully report his criminal record when he or she is going on to higher education, enlisting in the army, or being employed.

    The only special thing is that China has established a system for sealing the criminal records of juvenile misdemeanors, and the criminal records of minors who were under the age of 18 at the time of the crime and were sentenced to less than five years imprisonment shall be sealed.

    Relevant Laws. The criminal record mentioned in the Criminal Law refers to a person who has been sentenced to short-term detention or fixed-term imprisonment or higher by a people's court, and who has already completed the execution of the sentence and commits a new crime.

    The conditions for constituting a criminal record are: the offender who has been sentenced to criminal detention, fixed-term imprisonment, and life imprisonment or a suspended death sentence. Those who commit a new crime after being released from prison at the end of their sentence.

    If a convict sentenced to controlled release commits a new crime after completing his sentence, or if a convict sentenced to a suspended sentence of fixed-term imprisonment does not commit a new crime during the probationary period of probation, but commits a new crime after the probationary period of probation, it is not considered to have a criminal record. A convict who is currently serving a sentence for committing a new crime cannot be considered to have a criminal record, but is considered to be a recidivism while serving his sentence.

    China's criminal law stipulates that a person with a criminal record who commits another crime within five years of the completion of the original sentence shall be given a heavier punishment.

  12. Anonymous users2024-02-02

    Hello, I am a cooperative lawyer of the platform, and I have received your question, please wait a moment and let me take a look at your problem.

    A criminal's criminal record is kept permanently and will not be erased over time, but criminal records are generally not traceable. Legal basis: On the basis of the provisions of the "Opinions on the Establishment of a Criminal Record System for Criminal Persons", on the basis of the relevant provisions of the Criminal Procedure Law, and in consideration of the actual conditions of our nation's efforts to protect minors, establish a system for sealing criminal records of juvenile misdemeanors, and the criminal records of minors who were not yet 18 years old at the time of the crime and were sentenced to up to 5 years imprisonment shall be sealed. After criminal records are sealed, they must not be provided to any unit or individual, except where judicial organs need 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, are you satisfied with the answer I provided? If you have anything else you want to ask, you can say it, and I will try my best to answer it for you!

  13. Anonymous users2024-02-01

    It is not possible to apply for expungement after 5 years of criminal record. As long as the person has been sentenced by the court for a criminal offence, this criminal record is permanently preserved and cannot be erased. Criminal records cannot be checked without permission.

    A criminal record is different from a public security penalty, and a criminal record will not be left behind if you have been punished by public security. As long as you have a criminal record, you can't eliminate it for life. Criminal records are not expunged.

    A person who has been criminally punished, regardless of the severity of the crime, the magnitude of the subjective malice, or whether or not he has completely repented, has a criminal record that cannot be erased for life. Records of criminal punishments can be found in public security organs, procuratorates, and courts. If a suspended sentence is imposed, it can also be found at the Bureau of Justice.

    Criminal Law of the People's Republic of China

    Article 100. [Criminal Record Reporting System]Persons who have received criminal punishments in accordance with law shall truthfully report to the relevant units that they have received criminal punishments when they enlist in the military or are employed, and must not conceal them. Persons who were under the age of 18 at the time of the crime and were sentenced to up to five years imprisonment are exempt from the reporting obligations provided for in the preceding paragraph.

  14. Anonymous users2024-01-31

    Hello, I am a cooperative lawyer of LegalPro platform, I am happy to serve you, I have received your questions, please wait.

    A criminal record cannot be eliminated after five years. As long as you have a criminal record, you can't eliminate it for life. In China's legal practice, a person who has been criminally punished, regardless of the severity of the crime, the magnitude of the subjective malice, or whether he has completely repented, has a criminal record, and it cannot be erased for life.

    I was sentenced in '84 and can I issue a certificate of no criminal record now.

    This is no, this is for life.

    The Department of Justice requires a certificate of no criminal record. Suppose I can't issue a police clearance certificate. Can I still be given a suspended sentence?

    This is not possible. A suspended sentence will not be issued for a certificate of innocence.

    If you can't get a police certificate. You can't get a suspended sentence, can you?

    Yes, this can't.

  15. Anonymous users2024-01-30

    Hello, here is the consulting lawyer who has received your questions.

    Records of criminal detention files in normal cases cannot be erased, and cases that can be revoked can be eliminated after they are withdrawn.

    Article 183 of the Provisions on Procedures for the Handling of Criminal Cases by Public Security Organs, where after investigation it is discovered that the case has any of the following circumstances, the case shall be withdrawn: (1) there are no facts of the crime; (2) The circumstances are obviously minor and the harm is not great, and it is not considered a crime; (3) The statute of limitations for prosecution has already expired; (4) Where a criminal punishment has been waived by a special amnesty order; (5) The criminal suspect is deceased; (6) Other cases where criminal responsibility is not pursued in accordance with law. Where, after investigation, it is discovered that there are facts of a crime that need to be pursued for criminal responsibility, but it was not committed by the criminal suspect who was filed and investigated, or where some of the criminal suspects in a joint crime case are not criminally punished, the investigation of the relevant criminal suspect shall be terminated and the investigation of the case shall continue.

    Questions. Does the parental crime affect the next generation to engage in the work of the Commission for Discipline Inspection?

    Yes, it will have an impact.

    Questions. Are there any legal requirements?

    It can be said to you that from the relevant provisions of the Civil Servants Law, we can find that under normal circumstances, parents have received general criminal punishments, which will not cause pressure on their children, but you need to know that there is no way to avoid it if it is clearly stipulated but in fact it will be given priority to those who have no criminal record.

  16. Anonymous users2024-01-29

    Legal Analysis: Criminal records cannot be eliminated, unless it is a juvenile crime, and those who were under the age of 18 at the time of the crime and were sentenced to a sentence of less than five years imprisonment shall be sealed.

    Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates the regulations on the administration of transportation and thus causes a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

    The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents stipulates that a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention under any of the following circumstances:

    1) Where one person is killed or three or more persons are seriously injured, and the person bears full or primary responsibility for the accident;

    2) Where three or more people are killed, they bear equal responsibility for the accident;

    3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate the amount of 300,000 yuan or more.

    Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident:

    1) Driving a motor vehicle after an alcohol investigation or after taking drugs;

    2) Driving a motor vehicle without driving qualifications;

    3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;

    4) Knowingly driving a motor vehicle that is unlicensed or has been scrapped;

    5. Serious overloading driving;

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