According to the relevant laws and regulations, if there is a criminal record, there will be a record in the file, which can be found by the employer. In addition, the state has established a corresponding criminal investigation mechanism.
1, standardize the criminal information inquiry mechanism.
Public security organs, state security organs, people's procuratorates and judicial administrative organs are respectively responsible for accepting, examining and handling criminal record inquiries. When providing criminal information inquiry services to the society, the above-mentioned organs shall strictly follow the provisions of laws and regulations on the qualifications and conditions for continuing education, enlistment and employment. In order to perform the defense duties according to law, the defense lawyer asked to inquire about the criminal records of the suspects and defendants in this case, except that the criminal records involving minors were sealed by law enforcement agencies according to law.
2, the establishment of juvenile criminal record keeping system.
In order to thoroughly implement the principle of "education, probation and salvation" and the principle of "education first, punishment second" of the party and the state, and effectively help juvenile offenders return to society. According to the relevant regulations, combined with the reality of the protection of minors in China, the system of sealing up minor misdemeanor criminal records is established. The criminal records of minors under the age of 18 at the time of committing the crime and sentenced to fixed-term imprisonment of not more than five years shall be sealed up. After the criminal record is sealed, it shall not be provided to any unit or individual except for the needs of the judicial organs in handling cases or the inquiries made by the relevant units according to state regulations. Units that inquire according to law shall keep the sealed criminal records confidential. Law enforcement agencies can keep criminal records of minors as work records.
Legal basis:
Article 59 of the Law of People's Republic of China (PRC) on the Prevention of Juvenile Delinquency
The public security organ, the people's procuratorate, the people's court and the judicial administrative department shall not provide the criminal records of minors to any unit or individual unless the judicial organs need to handle cases or the relevant units make inquiries according to relevant state regulations. Units and individuals that inquire according to law shall keep the relevant record information confidential. The provisions of the preceding paragraph shall apply to the records of minors receiving special corrective education and special education, as well as the records of administrative punishment, criminal compulsory measures and non-prosecution.
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.