Illegal records and criminal records cannot be deleted. If the offender is a minor under the age of 18, the criminal records will be sealed in accordance with regulations.
Criminal record generally refers to a person’s past illegal or criminal records. Also known as the criminal record system, in Chinese law it generally refers to the archival record of criminal records, and criminal records are generally stored in the public security department for preservation.
According to the "Criminal Procedure Law of the People's Republic of China":
Article 275: Anyone under the age of 18 when committing a crime shall be sentenced to five years in prison. If the person is punished with the following penalties, the relevant criminal records shall be sealed.
Sealed criminal records may not be inspected by any unit or individual except when judicial organs need to handle cases or relevant units conduct inquiries in accordance with national regulations. Units that conduct inquiries in accordance with the law shall keep the sealed criminal records confidential.
Extended information:
p>The main contents of the criminal record system
(1) Establishing a criminal information database
In order to strengthen the The effective management of criminal information relies on the existing networks and resources of political and legal agencies. Public security agencies, national security agencies, people's procuratorates, and judicial administrative agencies must establish relevant archive information databases and realize the interconnection of these databases. When conditions are mature, Establish a unified national crime information database. When conditions are ripe, a national criminal information database will be established.
The information entered by the criminal information registration authority shall include: basic information of criminals, names of the procuratorate (private prosecution) and judicial authorities, judgment number, date of judgment determination, crime, sentence, execution of penalty, etc.
(2) Establish a criminal information notification mechanism
The people's court shall promptly notify the criminal information registration authority of effective criminal judgments and other relevant information.
Prisons and detention centers should promptly deliver the "Notice of Released Persons" to the criminal information registration authority where the released person's domicile is located.
County-level judicial administrative organs shall promptly deliver the "Notice of Expiration of Correction Period for Community Prisoners" to the criminal information registration authority in the place where the correctional personnel's residence registration is located.
State agencies shall inquire about criminal information from criminal information registration agencies based on the needs of handling cases, and relevant agencies shall cooperate.
(3) Standardizing the criminal information inquiry mechanism
The public security organs, national security organs, people's procuratorates, and judicial administrative organs are respectively responsible for accepting, examining, and processing relevant criminal record inquiry applications.
When providing criminal information inquiry services to the society, the above-mentioned agencies shall strictly abide by the laws and regulations regarding the qualifications and conditions for further education, joining the military, and employment.
Defense lawyers perform defense duties in accordance with the law and should be allowed to inquire into the criminal records of suspects and defendants in the case, except for juvenile criminal records sealed by law enforcement agencies in accordance with the law.
(4) Establish a juvenile criminal record sealing system
In order to thoroughly implement the party and the country’s policy of "education, reform and rescue" for minors who have committed crimes and the "education as Based on the principle of "primary punishment and supplementary punishment", we will effectively help minors who have committed crimes return to society. Help delinquent teenagers return to society.
According to the relevant provisions of the Criminal Procedure Law, combined with the actual situation of the protection of minors in our country, a system for sealing minors' misdemeanor criminal records has been established. Those who were under 18 years old at the time of the crime were sentenced to five years in prison. The criminal records of minors sentenced below will be sealed.
After criminal records are sealed, no unit or individual may access them except for the needs of judicial organs for handling cases or for inquiries by relevant units in accordance with national regulations. Units that conduct inquiries in accordance with the law shall keep confidential the sealed criminal records.
The criminal records of minors by law enforcement agencies can be kept as work records.
(5) Clarify the responsibilities for handling the information of illegal and criminal persons in violation of regulations
The departments responsible for providing information of illegal and criminal persons and their staff should promptly and accurately register the information of illegal and criminal persons The agency provides relevant information. Those who fail to provide information in accordance with regulations, or intentionally provide false or falsified information, if the circumstances are serious or cause serious consequences, the relevant personnel will be held accountable in accordance with the law.
The departments responsible for the registration and management of criminal information and their staff should carefully register and properly manage criminal information.
If a person fails to register criminal information and provide inquiry services in accordance with regulations, or leaks criminal information in violation of regulations, and the circumstances are serious or serious consequences are caused, the relevant personnel will be held accountable in accordance with the law.
Units and individuals that use illegal and criminal information shall use the information according to the purpose of inquiry and keep the illegal and criminal information confidential. If illegal and criminal information is not used in accordance with regulations, and the circumstances are serious or serious consequences are caused, the relevant personnel will be held accountable in accordance with the law.
Reference: Baidu Encyclopedia--Case Records