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A criminal record is not automatically expunged, it is kept forever. If a party has committed a crime and has been given a criminal punishment by the judicial organs in accordance with law, they shall truthfully inform the relevant unit of the circumstances under which they have received a criminal punishment when enlisting in the military or employment, and must not conceal or make a false report.
Although the case record cannot be expunged, the law provides for exceptions. According to the provisions, if the offender or defendant was under the age of 18 at the time of the crime and has been sentenced by the court to fixed-term imprisonment of not more than five years, he may be exempted from the obligation to report his criminal record. This provision is mainly aimed at protecting the physical and mental health of minors and embodies the humanitarian spirit of criminal law.
To sum up, from the punitive nature of the criminal law, as long as the crime is sentenced, there is a criminal record, and this criminal record will accompany the party for life, and there is no such thing as automatic expungement. The purpose of the non-expungement system is mainly to deter criminals and educate potential criminals in society, so as to maintain social stability and order.
Legal basis] Article 100 of the Criminal Law.
Criminal record reporting system] Persons who have received criminal punishment in accordance with the law shall truthfully report to the relevant units that they have received criminal punishment when they enlist in the military or are employed, and must not conceal it.
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.
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The "criminal record" that everyone usually refers to having a criminal record, that is, having a criminal record and having a criminal record. 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.
Administrative detention is an administrative punishment. The local public security organs will keep the relevant files and information for the punishment records of administrative punishments.
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It is impossible to expunge a criminal record, but according to the provisions of the Criminal Procedure Law, information must be sealed and must not be disclosed without statutory circumstances. Article 275:Where they were not yet 18 years old at the time of the crime and were sentenced to up to 5 years imprisonment, the relevant criminal records shall be sealed. 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. Article 275 of the Criminal Procedure Law stipulates that if a person is under the age of 18 at the time of the crime and is sentenced to a sentence of less than five years imprisonment, the relevant criminal record shall be sealed. 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.
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Summary. Hello dear The case record can be automatically eliminated after 3-5 years. However, it should be noted that the expungement time of the case record is not fixed, but is affected by the following two aspects:
1.The nature and circumstances of the case: For minor cases, such as illegal acts, good repentance and no criminal punishment, it is generally necessary to wait for about 3-5 years before the case record can be expunged; In the case of more serious cases, such as major crimes, there may never be a chance to be automatically eliminated.
2.Records retention policy: China's current records management regulations stipulate that records of some particularly serious criminal cases need to be retained for a certain period of time after the death of the defendant, but for general criminal cases, they usually only need to be retained for 15 to 30 years.
Hello dear The case record can be automatically eliminated after 3-5 years. However, it should be noted that the expungement time of the case record is not fixed, but is affected by the following two aspects: 1
The nature and circumstances of the case: For minor cases, such as illegal acts, good repentance and no criminal punishment, it is generally necessary to wait for about 3-5 years before the case record can be expunged; For more serious cases, such as major crimes, it is possible that the suspicion of leniency will be eliminated by the mobile phone forever. 2.
Records retention policy: China's current records management regulations stipulate that records of some particularly serious criminal cases need to be retained for a certain period of time after the death of the defendant, but for general criminal cases, they usually only need to be retained for 15 to 30 years.
It should be noted that even if the case file is transferred to the archives, you may still be found when you handle some public affairs that require a review of the case record (such as finding a job, etc.). If you need more specific help, it is advisable to consult the relevant legal professional or the relevant authorities of the authorities. <>
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The expungement time for record records varies according to the laws and regulations of different countries and regions. In China, according to the Criminal Law of the People's Republic of China, the record of a criminal case is generally automatically expunged within a specific period of time after the completion of the sentence. The exact time varies depending on the circumstances of the offence and the outcome of the sentence, but is generally 5 years, 10 years, or a permanent record.
In addition, the records of civil and administrative cases are generally not automatically erased, and the person concerned needs to take the initiative to apply for erasure. The timing and requirements for clearance may vary depending on the type of case, and it is necessary to consult the relevant judicial authorities or lawyers for specific situations. It should be noted that even if the record has been expunged, the relevant agency may still not keep the relevant record, and for specific employment or other investigations, relevant records or explanations may be required.
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The case record refers to the record of a person's past offense or criminal behavior, and in our country refers to the file record of having a criminal record, and this kind of record is generally kept by the public security department. Criminal records are not expunged, and no matter how long it takes, they will stay with the individual. However, where they were not yet 18 years old at the time of the crime and were sentenced to up to 5 years imprisonment, the relevant criminal records shall be sealed.
Legal basis] According to article 286 of the Criminal Procedure Law, if a person is under the age of 18 at the time of the crime and is sentenced to a sentence of up to five years imprisonment, the relevant criminal record shall be sealed.
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