No record will be left, but it will be recorded in the file. A criminal record generally refers to a person's past record of illegal and criminal behavior. Also known as the criminal record system, it generally refers to the recording of criminal records in relevant laws. Criminal records are generally stored in relevant departments. Without a court trial, a person is innocent and will not be subject to criminal punishment, and naturally there will be no criminal record.
The People’s Procuratorate may decide to exempt from prosecution the cases that have been completed by its own investigation and the cases that have been transferred for prosecution by the public security organs. Two conditions must be met for immunity from prosecution:
1. The defendant’s behavior has constituted a crime and he should bear criminal responsibility.
2. The defendant has circumstances that do not require a penalty or exemption from penalty. No penalty is required, which means that the crime is minor, does little harm to society, and the attitude of pleading guilty is good.
The main contents of the criminal record system are as follows:
1. Establish a criminal information database. In order to strengthen the effective management of criminal information, relying on the existing networks and resources of political and legal agencies, public security agencies, national security agencies, people's procuratorates, and judicial administrative agencies have established relevant record information databases and achieved interconnection. When conditions are ripe, a unified national database will be established. Crime information database. The information entered by the criminal information registration authority shall include the following: the basic information of the offender, the name of the procuratorate (private prosecutor) and the judicial authority, the judgment number, the date of the judgment, the crime committed, the penalty imposed and the execution of the penalty, etc.
2. Establish a crime information reporting mechanism. The People's Court shall promptly notify the criminal information registration authority of effective criminal judgment documents and other relevant information. Prisons and detention centers should promptly send the "Notice of Released Persons" to the criminal information registration authority in the place of residence of the released person. County-level judicial administrative organs shall promptly send the "Notice of Expiration of Correction Period for Community Prisoners" to the criminal information registration authority at the place of residence of the correctional officer. Based on the needs of handling cases, state agencies should inquire about criminal information from the criminal information registration agencies, and relevant agencies should cooperate.
3. Standardize the criminal information query mechanism. 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.
4. Establish a custody system for juvenile criminal records. In order to thoroughly implement the party and the state's policy of "education, reform, and rescue" for juvenile offenders and the principle of "education first, punishment secondary" and effectively help juvenile offenders return to society, in accordance with the relevant provisions of the Criminal Procedure Law, combined with the In terms of the actual protection of minors, a system for sealing minors’ criminal records should be established to seal the criminal records of minors under the age of 18 who have been sentenced to fixed-term imprisonment of less than five years for committing crimes. After the criminal record is sealed, it shall not be provided to any unit or individual except when it is necessary for the judicial authorities to handle the case or when relevant units make inquiries in accordance with national regulations. Units that conduct inquiries according to law shall keep sealed criminal records confidential. Law enforcement agencies may retain juvenile criminal records as work records.
5. Clarify the responsibilities for handling criminal information in violation of regulations. The departments responsible for providing criminal information and their staff shall provide relevant information to the criminal information registration authorities in a timely and accurate manner. If information is not provided as required, or information is intentionally provided that is false or falsified, and the circumstances are serious or serious consequences are caused, the relevant personnel will be held accountable in accordance with the law. The departments responsible for the registration and management of criminal information and their staff should carefully register and properly manage criminal information. If any person fails to register criminal information or provide inquiry services as required, or leaks criminal information in violation of regulations, and the circumstances are serious or serious consequences are caused, the relevant personnel shall be held accountable in accordance with the law. Units and individuals that use criminal information shall use relevant information according to the purpose of the inquiry and keep the criminal information confidential.
If criminal information is not used in accordance with regulations, and the circumstances are serious or serious consequences are caused, the relevant personnel will be held accountable in accordance with the law.
To sum up, it is just a dispute between neighbors. In this case, if you file a lawsuit, you will not have a criminal record because it is not a criminal case. If a dispute arises between neighbors, both parties should negotiate to resolve it. This is the most effective way to deal with it.
Legal basis:
Article 275 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 five years If the person is sentenced to fixed-term imprisonment of less than 10 years, the relevant criminal records shall be sealed.
Criminal records that have been sealed shall 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.