According to Article 283 of the Criminal Law Amendment (IX), if a party has one of the following circumstances, the provisions on mitigating or exempting punishment shall not apply: (1) The circumstances of the crime are bad; (2) recidivism; (3) Crime is for profit; (four) other circumstances that should not be mitigated or exempted from punishment. Therefore, if the convicted person has one of the above circumstances, even if he does not commit the crime again within three years, it is not a misdemeanor record, and the provisions of mitigating or exempting punishment are not applicable. In short, the elimination of misdemeanor criminal record in 2023 is expected to become a reality, but whether this goal can be achieved depends on the specific situation.
Overview of the system of eliminating criminal record: Most countries with developed legal systems in the world have clearly stipulated the system of eliminating juvenile criminal record in their own laws. Generally speaking, there are two forms: one is a minor who has been sentenced to punishment or found guilty, and is regarded as having no criminal record according to law. For example, as stipulated in Article 60 of Japan's Juvenile Law (1948), the provisions of the Personality Law shall apply to juvenile offenders who are executed or exempted from execution, and they shall be deemed to have never been punished in the future.
The other is that the judge announces the elimination of his criminal stain according to certain circumstances and procedures, and it is regarded as not having received criminal punishment. For example, Article 97 of the Federal Republic of Germany Juvenile Criminal Law (1974) stipulates that if the juvenile criminal officer is convinced that the juvenile criminal sentenced to juvenile punishment has proved himself to be an upright person by irreproachable behavior, he will announce the cancellation of the criminal stain in the official name or at the application of the sentenced criminal's parents or legal representatives. If the sentenced criminal is underage, the criminal stain can also be removed upon the application of the prosecutor or the representative of the juvenile criminal prosecution agency. Paragraph 4 of Article 96 of the Swiss Federal Criminal Code (revised 1996) stipulates that if a minor who is subjected to conditional execution is put to the test before the expiration of the trial period, the judicial organ shall order him to cancel his criminal record.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 65 of the Criminal Law of People's Republic of China (PRC) * * * A criminal sentenced to more than fixed-term imprisonment who commits a crime that should be sentenced to more than fixed-term imprisonment within five years after the execution of the punishment or pardon is a recidivist and should be given a heavier punishment, except for negligent crimes and crimes committed by people under the age of 18. The time limit prescribed in the preceding paragraph shall be counted from the date of expiration of parole for criminals who are paroled.