Public security organs, people's procuratorates, people's courts, and judicial administrative organs shall affix the seal of "juvenile criminal records sealed" and other obvious signs on the cover of their sealed criminal records files, and store them separately or establish special archives sealed, and implement a special management and inquiry system.
Public security organs, people's procuratorates, people's courts and judicial administrative organs shall set up inquiry authority in relevant electronic information systems, and shall not inquire about the electronic information of sealed criminal records without the approval and authorization of legal inquiry procedures.
Why do you need the system of sealing juvenile criminal records?
Minors are the future of the country and the hope of the family. Protecting minors and protecting society is called the "double protection" principle of juvenile criminal trial. In order to carry out the policy of education, probation and salvation for minors who violate the law and commit crimes, adhere to the principle of "education first, punishment second", and avoid discrimination against minors in examinations, further studies, employment and life, the system of sealing up juvenile criminal records has been formulated.
Will all juvenile criminal records be sealed?
No, judging whether it meets the sealing conditions mainly depends on two key points:
1. age: whether you were under age at the time of committing the crime 18 years old;
2. Punishment: Whether he was sentenced to five years' imprisonment.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 286 of the Criminal Procedure Law
If he was under the age of 18 at the time of committing the crime and was sentenced to fixed-term imprisonment of not more than five years, the relevant criminal records shall be sealed up. If the criminal record is sealed, it shall not be provided to any unit or individual, except for the need of judicial organs to handle cases or the relevant units to make inquiries in accordance with state regulations. Units that inquire according to law shall keep the sealed criminal records confidential.
Article 277
The principle of education, probation and salvation is implemented for minors who commit crimes, and the principle of giving priority to education and supplementing punishment is adhered to.
Article 2 of the measures for the implementation of the storage of juvenile criminal records
The juvenile criminal record as mentioned in these Measures refers to the objective record of juvenile criminals by specialized state organs. The records of juvenile crimes that should be sealed include all files and electronic archives information about juvenile crimes or suspected crimes formed in the process of investigation, prosecution, trial and criminal execution.
essay
Records of not being subjected to criminal punishment, not being investigated for criminal responsibility, not being prosecuted, and taking criminal compulsory measures, as well as records of social investigation, help and education, psychological consultation, judicial assistance, etc. Where a minor is involved in a crime, it shall be sealed in accordance with the contents and procedures stipulated in these Measures.
Article 5
For cases in which minors and adults commit the same crime respectively, while the archival materials and information of minors are sealed, the cover of unsealed adult files should be marked with obvious signs such as "including the sealed information of criminal records", and the relevant information should be kept confidential. For cases that are not handled separately by minors and adults, obvious signs such as "including criminal record sealed information" should be marked on the cover of the whole case file, and necessary confidentiality measures should be taken for relevant information.