Can the employer find personal criminal records?

Yes, the employing unit can apply to the public security organ, the state security organ, the people's procuratorate and the judicial administrative organ to inquire about the criminal records of employees according to law. In other words, the employer has the right to inquire, but the object, scope, conditions, uses and procedures of its application for inquiry must strictly follow the provisions of the law, and the employer must keep it strictly confidential after inquiry.

Legal analysis

Citizens who violate the criminal law will leave criminal records in public security organs, judicial organs and other state organs, regardless of the final outcome. Under normal circumstances, this criminal record is not allowed to be viewed. If you want to view it, you must follow strict conditions.

1. Inquiring organ: According to relevant laws and regulations, citizens or units should apply to public security organs, state security organs, people's procuratorates and judicial administrative organs to inquire about criminal records. Because only public security organs, state security organs, people's procuratorates and judicial administrative organs have criminal record databases.

Secondly, the purpose of inquiry is limited: when citizens or units apply to inquire about citizens' personal criminal records, they should make clear their inquiry purpose to the above-mentioned state organs. Under normal circumstances, citizens or units are only allowed to inquire if they need to go to school, join the army, get employment, etc.

Finally, the confidentiality obligation of inquiry: finally, the law stipulates a confidentiality obligation, which is obvious. For example, in order to review the employment conditions, the employer applied for inquiring about the personal criminal records of citizens, but the employer deliberately leaked the criminal records, causing serious consequences and needing to bear corresponding legal responsibilities.

legal ground

Notice from the Supreme People's Court, the Supreme People's Procuratorate, Ministry of Public Security, etc. Opinions on establishing criminal record system.

Article 331 of the Procedures for Handling Criminal Cases by Public Security Organs If a minor 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 public security organ shall seal up the criminal record of the minor according to the effective judgment of the people's court. If the criminal record is sealed, the public security organ shall not provide it to any other unit or individual except that the judicial organ handles the case or the relevant unit needs to inquire according to state regulations. Minors whose criminal records have been sealed shall be unsealed if they are found guilty of omission and sentenced to fixed-term imprisonment of more than five years.