In the stage of examination and prosecution, if the circumstances are obviously minor and the harm is not great, and it is not considered a crime, the procuratorial organ will make a decision not to prosecute and return it to the public security organ, which will dismiss the case. If a case has not been tried by a court entity and a guilty verdict has not been reached, no criminal record will be generated and the criminal record will be kept.
For suspects whose evidence is insufficient and does not constitute criminal punishment, the public security organs should immediately release them from criminal detention, that is to say, release them, or impose administrative detention punishment as appropriate, that is to say, there may be criminal records (criminal punishment or administrative punishment) after criminal detention, but there is another way out, that is, acquittal, so it is impossible to leave criminal records.
Extended data:
Once a criminal record is formed, it cannot be eliminated;
1. Neither the illegal record nor the criminal record will be eliminated. What people usually call "criminal record" generally refers to a criminal record, that is, a criminal record and a criminal record. Criminal punishment records can be found in public security organs, procuratorates and courts. Those sentenced to probation can also be found in the Judicial Bureau. Administrative detention is a kind of administrative punishment. The local public security organ will keep the relevant files and punishment records of administrative punishment.
2. There is no criminal record elimination system in our country, and these records will accompany the parties for life, but they are not open to anyone. Only when a judicial organ or lawyer handles a criminal case will it be provided to the outside world after it is reported to the competent department for approval. Do not provide inquiry services to ordinary units or individuals. Illegal records have little impact on the later life of the parties, while criminal records will have an impact on the parties and their children.
Baidu encyclopedia-criminal detention