The company can require applicants to fill in their resumes truthfully, and applicants should also fill them out truthfully. The company cannot query personal criminal records of the public security organs, which means that these files of the public security organs are not available to the company for inquiry. In other words, under normal circumstances, companies cannot go to the public security department to inquire about personal criminal records. However, if the company wants to know whether an employee may have a criminal record, it can ask the employee to provide a certificate of no criminal record during the recruitment process. The certificate of no criminal record can be obtained from the police station where the employee is registered. For employees who have already joined the company, we can inform them by formulating company rules and regulations that they need to provide a certificate of no criminal record. If current employees refuse to provide it, they can only be transferred or resign based on whether the work requires a crime-free job.
Is there a criminal record when joining the company?
The company can require applicants to fill in their resumes truthfully, and applicants should also fill them out truthfully. The company cannot query personal criminal records of the public security organs, which means that these files of the public security organs are not available to the company for inquiry. In other words, under normal circumstances, companies cannot go to the public security department to inquire about personal criminal records. However, if the company wants to know whether an employee may have a criminal record, it can require the employee to provide a certificate of no criminal record (issued by the police station where the employee is registered) during the recruitment process. For employees who have already joined the company, we can inform them by formulating company rules and regulations that they need to provide a certificate of no criminal record. If current employees refuse to provide it, they can only be transferred or resign based on whether the work requires a crime-free job.
Regulations on Criminal Record Inquiry
When criminal record information management agencies provide criminal information inquiry services to the society, they shall strictly abide by laws and regulations regarding the qualifications and conditions for continuing education, enlistment, and employment. If a staff member fails to provide information as required, or intentionally provides false or falsified information, and the circumstances are serious or causes serious consequences, the relevant personnel shall be held accountable in accordance with the law.
1. Inquiry by state agencies: According to the needs of handling cases, state agencies inquire about criminal information from criminal information registration agencies, and relevant agencies should cooperate. Of course, relevant procedures still need to be performed.
2. Lawyers’ power to inquire about criminal records. In order to perform defense duties in accordance with the law, the defense lawyer's request to inquire into the criminal records of the criminal suspects and defendants in this case should be granted.
3. Ordinary citizens’ inquiry rights Ordinary citizens are not allowed to inquire other people’s criminal record information at will. If you really need to inquire about other people's criminal information, you should provide corresponding written materials (mainly for the purpose of inquiry) in accordance with the requirements of the information management agency. After review and approval, you can inquire about relevant criminal records.
To sum up, these are the editor’s answers about what kind of criminal records companies with criminal records will find. I hope it will be helpful to you.
Legal basis:
Article 286 of the "Criminal Procedure Law of the People's Republic of China"* * *A person who was under 18 years old at the time of the crime shall be sentenced to a fixed-term imprisonment of not more than five years , the relevant criminal records should be sealed. If criminal records are sealed, they may not be provided to any unit or individual except for the needs of judicial organs for case handling or for inquiries by relevant units in accordance with national regulations. Units that conduct inquiries according to law shall keep sealed criminal records confidential.