Legal Analysis
Criminal records cannot be erased and will accompany the individual throughout his or her lifetime. Criminal records, also known as criminal records, generally refer to records of past illegal or criminal behavior. Criminal records will remain with the Public Security Bureau forever and cannot be erased. If a person with incomplete criminal capacity commits a crime and leaves a criminal record, the relevant criminal record will be sealed. Sealed criminal records shall not be provided to any unit or individual. For the purpose of handling cases, or when relevant units make inquiries in accordance with national regulations, judicial organs may provide records in accordance with the law. However, units conducting inquiries according to law shall keep sealed criminal records confidential. The public security organs, national security organs, people's procuratorates and judicial administrative organs are respectively responsible for accepting, reviewing and processing criminal record inquiries. When the above-mentioned agencies provide criminal information inquiry services to the society, they shall strictly comply with the provisions of laws and regulations on the qualifications and conditions for continuing education, enlistment, and employment. In order to perform defense duties in accordance with the law, the defense lawyer requested to inquire about the criminal records of the criminal suspects and defendants in this case, except for those criminal records involving minors that have been sealed by law enforcement agencies in accordance with the law.
Legal Basis
Criminal Procedure Law of the People's Republic of China
Article 286: A person who was under 18 years of age at the time of committing a crime shall be sentenced to a fixed term of not more than five years If sentenced to imprisonment, the criminal record shall 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 conducting inquiries according to law shall keep sealed criminal records confidential.
Article 100 Personnel who have received criminal punishment in accordance with the law shall truthfully report to the relevant units the circumstances of the criminal punishment they received during their enlistment or employment, and shall not conceal it. Persons who were under the age of 18 at the time of the crime and sentenced to fixed-term imprisonment of less than 5 years are exempt from the reporting obligations stipulated in the preceding paragraph.
Article 49 The death penalty shall not apply to persons under the age of eighteen when the crime was committed and to women who were pregnant at the time of trial. The death penalty does not apply to persons who have reached the age of seventy-five at the time of trial, unless death is caused by particularly cruel means.