In 2022, how many years can a criminal record be expunged

If the criminal record is a criminal offense, it will be recorded for life and will not be cancelled.

Hello, for now, there will be no cancellation of criminal records in 2024. 1.According to lawyer Zhao Kai, a lawyer specializing in law at China University of Political Science and Law, he said that there are many issues that need to be taken into account to cancel the criminal record, including the stability of the law and the improvement of relevant regulations, which have not been fully resolved.

2.In addition, as a punitive measure, the criminal record is a wake-up call and warning for criminal behavior, and the impact of the cancellation of the criminal record also needs to take into account issues such as the crime rate, so it seems that the criminal record will not be cancelled in 2024. Content Extensions:

It has been shown that there have been significant changes in the structure of criminal offenses in China, with serious crimes continuing to decline, and the proportion of minor crimes increasing year by year, accounting for more than 80 percent. However, in the face of a large number of misdemeanor cases, China's single punishment, coupled with the actual more severe punishment of criminal records (criminal record reports, professional restrictions, and social credit system constraints, not only sanctioning the perpetrator, but even harming family members), make many misdemeanor cases show defects such as uneven punishment and disproportionate behavior and results.

This kind of judicial disposition not only seriously consumes judicial resources and increases the cost of crime management, but also runs counter to the criminal purpose of education and reform and helps offenders reintegrate into society, and is incompatible with the requirements of crime management in the era of misdemeanors. Therefore, it is necessary to vigorously build a system of expungement of criminal records to provide support for eliminating the current imbalance in crime and punishment. How to build a system that fits China's characteristics to eliminate Qi annihilation?

This needs to be based on China's national conditions and reality, choose a suitable legislative path, and also need to highlight the problem awareness and systematic thinking, and design a feasible plan. First, the legislative model of the elimination of criminal records. Outside the region, countries around the world have established relatively mature and well-established systems for the elimination of criminal records, and have formed several legislative forms:

The first is the model of separate legislation. For example, the United Kingdom and the United States have enacted special laws to eliminate criminal records. The second is the model of the Criminal Procedure Law.

For example, in France, in the "Criminal Record" chapter of the Code of Criminal Procedure, the conditions, effects and methods of expungement of criminal records are stipulated. The third is the criminal code model. For example, Russia, Japan, Hungary and other countries have provided for the extermination system in their Criminal Codes.

In the case of our country, the third model can be adopted. The reasons are: first, the expungement of criminal records may involve procedural issues, but it is still a substantive system of punishment that is important and important; Second, the procedure for expungement of criminal records must be attached to the substantive content, and the method of decentralized legislation is adopted, which is not convenient to operate; Third, stipulating in the Criminal Law that the extermination of criminal records can form a pedigree of criminal punishment expungement with the statute of limitations, pardons, etc., which is conducive to saving legislative resources and strengthening the uniform application of the system.

Therefore, it is suggested that a chapter on "expungement of criminal records" be added to the General Provisions of the Criminal Law to stipulate the basic conditions, effectiveness, and scope of expungement of criminal records.

A few years with a criminal record can be eliminated.

In Chinese mainland, there is no criminal record elimination system, that is, after the criminal punishment, the case record will be in the data file and cannot be eliminated. Exungement of a criminal record means that a person who has been convicted of a crime and sentenced has not committed a new crime within a certain period of time after serving the sentence or being exempted from punishment, is deemed to have no criminal record.

Statute. In many countries, criminal law doctrine or criminal legislation contains provisions for the expungement of criminal records.

Generally speaking, the following two conditions must be met for the expungement of a criminal record:

1) Serving a sentence or being exempted from sentence after a guilty verdict;

2) Have not committed a new crime within the prescribed time limit.

Some countries also provide for early parole under certain conditions. The system of expungement and revocation or parole of criminal records can help to relieve the mental burden of offenders with criminal records, enhance their confidence and courage to renew their lives, and promote the offender's rehabilitation and reintegration into society.

2. Those who have a criminal record can be released on bail if they commit another crime.

A suspended sentence may be imposed as long as the conditions for the application of probation are met, but if the previous conviction has constituted a recidivist, the suspended sentence shall not be applied.

According to the provisions of articles 72 and 74 of the Criminal Code of the People's Republic of China, the following conditions must be met for the application of a general suspended sentence:

1) The criminal is sentenced to short-term detention or fixed-term imprisonment of not more than 3 years. The conditional non-enforcement of the original sentence of a suspended sentence determines that the target of a suspended sentence can only be applied to criminals who have committed relatively minor crimes. The severity of the crime is commensurate with the severity of the sentence imposed on the offender.

The reason why China's Criminal Code stipulates that the applicable objects of suspended sentences are criminals who have been sentenced to short-term detention or fixed-term imprisonment of less than three years is because the crimes of these criminals are relatively minor and the harm to society is relatively small. On the contrary, criminals who have been sentenced to more than three years in prison are not listed as targets for probation because their crimes are more serious and the harm to society is greater. As for criminals sentenced to controlled release for relatively minor crimes, there is no need to apply a suspended sentence because of the characteristics of controlled punishment, that is, the offender is not detained and only restricts his freedom.

The term "fixed-term imprisonment of less than 3 years" refers to the sentence determined by the judgment and not to the statutory sentence. Although the statutory penalty for the crime committed by the criminal is fixed-term imprisonment of not less than 3 years, but there are mitigating circumstances, the sentence determined by the judgment is fixed-term imprisonment of not more than 3 years, and a suspended sentence may also be applied.

Summary. Hello, dear <>

There will be no cancellation of criminal records in 2024. Because the criminal record is a kind of punishment, as a means of punishment, the criminal record can serve as a warning to prevent the criminal from committing another crime. Antecedents can effectively record and protect citizens' credit records and maintain social fairness and justice.

Will the criminal record be cancelled in 2024.

Hello, dear <>

In 2024, the history of the new conviction will be quietly canceled. Because the criminal record is a kind of punishment, as a means of punishment, the criminal record can serve as a warning to prevent the criminal from committing another crime. Antecedents can effectively record and protect citizens' credit records and maintain social fairness and justice.

You're good to go, dear <>

Judging from the current social situation and laws and regulations, as an important means of punishment, criminal records play a major role in maintaining social order and supervising criminal behavior.