1. If the evidence of the crime is insufficient or the circumstances are obviously minor, the public security organ shall immediately lift the criminal detention and refuse to file a case, and may impose administrative detention punishment and initiate a public prosecution according to law. Because criminal detention is actually an existing one. Penalties for violations of the "People's Republic of China (PRC) Public Security Administration Punishment Law", which can be identified, shall be filed.
2. Administrative detention is not a criminal record, but the administrative detention record should be kept in the public security department of the public security organ.
Extended data
Article 275 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that if a person was under the age of 18 at the time of committing a crime and was sentenced to fixed-term imprisonment of not more than five years, the relevant criminal records shall be sealed.
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.
Baidu encyclopedia-criminal record
Haining Municipal People's Procuratorate-People's Republic of China (PRC) Criminal Procedure Law (full text)
Presidential Decree of the Central People's Government of People's Republic of China (PRC)