The company can ask the applicant to fill in the resume truthfully, and the applicant should also fill in it truthfully. The company cannot inquire about the personal criminal records of the public security organs, which means that these files of the public security organs do not provide inquiries to the company. In other words, under normal circumstances, companies can't go to the public security department to inquire about personal criminal records. However, if the company wants to know whether employees may have criminal records, it can ask employees to provide proof of no criminal record during the recruitment process, and the proof of no criminal record can be obtained from the police station where the household registration is located. For employees who have already joined the company, we can inform employees that they need to provide proof of no criminal record by formulating company rules and regulations. If the on-the-job employee refuses to provide it, he can only be transferred or resigned according to whether the work needs no crime.
1. Do you have a criminal record?
The company can ask the applicant to fill in the resume truthfully, and the applicant should also fill in it truthfully. The company cannot inquire about the personal criminal records of the public security organs, which means that these files of the public security organs do not provide inquiries to the company. In other words, under normal circumstances, companies can't go to the public security department to inquire about personal criminal records. However, if the company wants to know whether employees may have criminal records, it can ask employees to provide proof of no criminal records (issued by the police station where the household registration is located) during the recruitment process. For employees who have already joined the company, we can inform employees that they need to provide proof of no criminal record by formulating company rules and regulations. If the on-the-job employee refuses to provide it, he can only be transferred or resigned according to whether the work needs no crime.
Criminal record inquiry regulations
When providing criminal information inquiry service to the society, the criminal record information management organ shall strictly abide by the qualifications and conditions of continuing education, enlistment and employment in laws and regulations. If a staff member fails to provide information as required, or intentionally provides false or forged information, if the circumstances are serious or cause serious consequences, the responsibility of the relevant personnel shall be investigated according to law.
1. state organ inquiry: state organs inquire about criminal information from the criminal information registration organ according to the needs of handling cases, and relevant organs shall cooperate. Of course, the relevant procedures still have to be fulfilled.
2. Lawyers' right to inquire about criminal records. In order to perform defense duties according to law, the defense lawyer's request to inquire about the criminal records of the suspects and defendants in this case shall be granted.
3. Ordinary citizens' inquiry authority Ordinary citizens are not allowed to inquire about other people's criminal record information at will. If it is really necessary to inquire about other people's criminal information, it shall provide corresponding written materials (mainly for the purpose of inquiry) according to the requirements of the information management organ, and can inquire about relevant criminal records after examination and approval.
Second, how to eliminate the criminal detention record
The criminal record cannot be eliminated; Opinions of the Ministry of Public Security, the Ministry of National Security, the Ministry of Justice, the Supreme People's Procuratorate and the Supreme People's Court on establishing a criminal record system.
Criminal record is an objective record of criminals by special state organs. Criminal record system is an important part of modern social management system. In order to meet the needs of economic and social development in the new era, further promote social management innovation, maintain social stability and promote social harmony, we now put forward the following opinions on establishing a criminal record system in China.
Detention in criminal proceedings is a compulsory method for public security organs and people's procuratorates to temporarily deprive criminals or major suspects of their personal freedom in case of legal emergency during investigation. Criminal detention must meet two conditions at the same time: first, the object of detention is a flagrante delicto or a major suspect. An active criminal refers to a person who is committing a crime, and a major suspect refers to a person who has evidence to prove that he is suspected of a major crime. Second, it has one of the legal emergencies. Regarding what is an emergency, Article 80 and Article 163 of the Criminal Procedure Law have different provisions on detention by public security organs and detention by people's procuratorates.
Third, can others apply without proof of crime?
Yes, you need to issue a power of attorney and identification of both parties. According to relevant laws and regulations, criminal record is an objective record of criminals by special state organs. According to the relevant regulations, the state has established and gradually improved the criminal record system. The people's court is responsible for informing criminals of the effective criminal judgment documents and other relevant information, and the public security organs, state security organs, people's procuratorates and judicial administrative organs are responsible for accepting, examining and handling applications for criminal records. When providing criminal information inquiry service to the society, the police station should strictly follow the provisions of laws and regulations on the qualifications and conditions for further study, active service and employment. Citizens can apply to check whether they have a criminal record because they need to go abroad. Units and their staff who use criminal information shall use relevant information according to the purpose of inquiry, and keep criminal information strictly confidential.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 100 of the Criminal Law of People's Republic of China (PRC)
Criminal record reporting system A person who has been criminally punished according to law shall truthfully report to the relevant units the criminal punishment he has received when he joined the army or was employed, and shall not conceal it.
A person who 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 shall be exempted from the reporting obligation stipulated in the preceding paragraph.
Article 286 of the Criminal Procedure Law of People's Republic of China (PRC)
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.
Will you check the box after you successfully enter?
Under normal circumstances, the case will not be checked after successful entry. Generally, large enterprises with standardized management need employees to provide comprehensive personal information, investigate their background, and refuse people with criminal records to enter the enterprise. However, most small and medium-sized enterprises and private enterprises do not pay much attention to the investigation of criminal records, and they can live and work normally after they join the company. In other words, the applicant is a general functional or grass-roots staff, and won't do background checks, but the applicant is a middle-and high-level manager and will pay more attention to the personal information of employees.