Everyone has a criminal record, and they can t get a criminal record in their lifetime

A criminal record generally refers to a person's record of past offences or criminal acts. Also known as the criminal record system for criminal personnel, in Chinese law, it generally refers to the file record of having a criminal record, and the criminal file is generally stored in the public security department for preservation. It is basically impossible to eliminate the record of criminal responsibility in the file, that is, the so-called case record, and only in some places there are some relevant regulations and judicial interpretations that believe that the criminal record can be sealed in the file if the perpetrator of the juvenile crime can be actively repented, so the criminal record will accompany the person for life.

As long as it is not illegal, it does not affect life and work. If a juvenile offender is a juvenile offender, he is exempt from the obligation to report when he or she is employed or joins the military. Article 100 of the Criminal Law stipulates that a person who has received a criminal punishment in accordance with the law shall, when enlisting in the army or finding employment, truthfully report to the relevant units that he has received a criminal punishment and shall 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. Legal basis: Article 100 of the Criminal Law of the People's Republic of China A person who has received a criminal punishment in accordance with the law shall truthfully report to the relevant units that he has received a criminal punishment when enlisting in the army or employment, and shall 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.

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.

However, the above two types of records are not open to anyone, and are only made available to the public after the judicial organs or lawyers have submitted them to the competent authorities for examination and approval when handling criminal cases. Inquiries are not provided to ordinary units or individuals. Therefore, administrative detention will not have any impact on future life.

Yes, a criminal record follows me for the rest of my life.

There is a criminal record that cannot be erased.

Yes, please call us for assistance.

Do you mean the elimination of archives?

The criminal record is not the same as the previous conviction. The differences between the two are as follows:

1. The case record generally refers to the criminal record, that is, the file for criminal responsibility; A criminal record is one in which a criminal offense has been committed. 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 has already completed the sentence, and commits a new crime;

2. The scope of coverage of the two is different, the criminal record is the criminal record, and the criminal record is the criminal record before the crime. 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;

3. Case record generally refers to the record of the party's past criminal conduct. Also known as the criminal record system for criminals, in the relevant laws, it generally refers to the file record of having a criminal record, and the criminal file is generally stored in the public security department for safekeeping; "Previous criminal record" 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 his or her execution, and who commits a new crime.

[Legal basis].Article 3 of the Criminal Law of the People's Republic of China.

Principle of legality of crimes] Where the law clearly provides that it is a criminal act, it is to be convicted and sentenced in accordance with the law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced.

Article 286 of the Criminal Procedure Law of the People's Republic of China.

Where at the time of the crime was less than 18 years old, and was sentenced to up to five 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.

Legal Analysis: Case record: Generally refers to a person's record of past criminal or criminal acts.

Also known as the criminal record system for criminals, in China's law, it generally refers to the file record of having a criminal record, and the criminal file is generally stored in the public security department to keep the criminal record, which refers to a person who has been sentenced to criminal detention or fixed-term imprisonment or more by the people's court, and has 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 criminal who has been sentenced to controlled release or short-term detention commits a new crime after completing his sentence, or if a criminal who has been sentenced to a suspended sentence of fixed-term imprisonment does not commit a 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 if a person with a criminal record commits another crime within 5 years of the completion of the original punishment, he shall be punished with a heavy omen.

Legal basis: "Archives Law of the People's Republic of China" Article 2 The term "archives" as used in this Law refers to the historical records in various forms such as texts, charts, audio-visual and other forms that have preservation value for the state and society directly formed by past and present state institutions, social organizations and individuals engaged in political, military, economic, scientific, technological, cultural, religious and other activities.

songwei law firm

The spring of having a criminal record and a criminal record is coming soon.

Recently, some deputies to the National People's Congress proposed the establishment of a system for eliminating criminal records for minor crimes, which means that those who commit minor crimes do not leave a criminal record and do not leave a criminal record, and it will not affect the three generations, generally referring to cases that are less than three years old. Do you support it?

With the increasing number of people with criminal records, the number of people prosecuted for crimes in 2021 alone will reach 171w, including a large proportion of misdemeanor offenders. There is a saying that "one person goes to prison, the whole family suffers", although it is a bit exaggerated, and there is no clear provision in the law, but in judicial practice, if the parents are in prison and have a criminal record, it will directly affect the three generations of the direct family, and your own children and grandchildren can go to college, but they can't go to the political trial if the requirements are relatively high, such as military schools and police academies. Jobs can be found, but the public procuratorate and the public service staff are not able to pass the political trial, and it is even more impossible to be a soldier, hearing this, those who take drunk driving and everyone fight seriously should not wake up, the lawyer is here to remind everyone that the law is not a child's play, you must think twice, don't let your ignorance and fearlessness hurt your family.

1. There is no way to spend money to expunge a criminal record.

Many ex-offenders have encountered that in some social software, there will be criminals who take the initiative to add friends, and after a conversation, it means that there is a channel to erase the ex-convict record, but they need to charge a high fee, so there are no longer a few cases of being deceived. In fact, there is no way to spend money to expunge the criminal record, and the lawyer is here to remind everyone, don't believe in some tricks that let you issue an ID card to check it for you first, and then take a photo to charge you for a fee, if you believe it, you will be fooled.

2. When will the extermination system come out?

According to the official statement, the system of eliminating the criminal records of adults who have committed misdemeanors has been included in the legislative plan and annual legislative work plan of the Standing Committee of the National People's Congress. It can only be said that there is hope, stay patient and keep appealing, and actively take all reasonable and legal ways to express your true demands.

3. Calling for the elimination of criminal records system, what can we do?

There are also many people who ask this question, to be honest, the only thing that can be thought of is to write letters, post articles, and leave messages; Specifically, it is to adopt all kinds of self-leading platforms to speak out reasonably and legally, tell the survival plight of ex-offenders and express their own voices.

4. Bao Yanqing has a good attitude and manages his life and family.

Many people who have a criminal record are depressed and depressed, and the lawyer understands that, however, we should not only live for ourselves, but also consider the feelings of our own family and relatives and friends. Although the days after coming out are still difficult, or even more difficult, only by packing up our mood and moving forward no matter how painful and painful it is, only we can redeem ourselves. There is no need to complain, and there is no need to ask for the understanding and tolerance of others, some psychological processes are destined to go by themselves, and no one can help.