Can a criminal conviction be eliminated or deleted, and what does the law say?

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

    It is not possible to destroy or delete. The law stipulates that the criminal record of any criminal offender cannot be eliminated by any means, and such an act is an offence.

  2. Anonymous users2024-02-12

    No. As long as you have a criminal record, there will be a corresponding record, and it will be permanently stored in your file in the process of political trial or other audits. The law stipulates that all offenders will have a corresponding file and certain restrictions on the work they are engaged in.

  3. Anonymous users2024-02-11

    Criminal convictions cannot be eliminated or deleted, and there is no provision in Chinese law to eliminate them, and criminal convictions will generally follow you for a lifetime.

  4. Anonymous users2024-02-10

    Legal Analysis: It is generally stipulated that 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.

    Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 286: Where a person was under the age of 18 at the time of the crime and was sentenced to up to 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.

    Code of Criminal Procedure

    Article 16: In any of the following circumstances, criminal responsibility is not pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial may be terminated, or a not guilty verdict shall be announced: (1) The circumstances are obviously minor and the harm is not great, and it is not considered a crime; (2) The statute of limitations for prosecution has already expired; (3) Exemption from criminal punishment by amnesty order; (4) Crimes that were handled in accordance with the Criminal Law, and there is no accusation or withdrawal of the accusation; (5) The criminal suspect or defendant is deceased; (6) Other laws provide for exemption from criminal responsibility.

    Article 177: If the criminal suspect has no facts of the crime, or has any of the circumstances provided for in Article 16 of this Law, the People's Procuratorate shall make a decision not to prosecute. Where the circumstances of the crime are minor and it is not necessary to give a criminal punishment or waive a criminal punishment in accordance with the provisions of the Criminal Law, the people's procuratorate may make a decision not to prosecute.

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