Legal analysis
According to the relevant laws and regulations, the proof of no criminal record should generally include administrative criminal record and criminal criminal record. Among them, administrative criminal records include records of being sentenced to administrative detention, reeducation, compulsory isolation and drug rehabilitation, while criminal criminal records refer to records of being sentenced to public surveillance, criminal detention, fixed-term imprisonment and deprivation of political rights. However, minor illegal records such as warnings and fines have not been released as content as required. If it is proved that there is a criminal record, it shall be based on the guilty verdict of the people's court, and if there is evidence of illegal record, it shall be based on the legal documents in force by the public security organ. Evidence of illegal crimes shall not be used in litigation and arbitration. The public security brigade of county-level public security organs is the competent department that accepts inquiries about illegal and criminal records and issues supporting documents. 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 and shall not be provided to any unit or individual, except for judicial handling and military inquiries. The handling place is the police station or service hall where the household registration is located. I need to bring my ID card. If I can't handle it in person, I need to produce a fingerprint power of attorney, valid identity documents of the applicant and the client, and contact information before I can handle it. Minor violations, such as warnings and fines received due to traffic violations, do not belong to units that issue certificates of illegal records.
legal ground
Article 1 of the Interim Provisions on Issuing Citizens' Certificates of No Criminal Record requires public security organs to issue citizens' certificates of no criminal record in four situations: 1. State organs employ civil servants for political examination; 2, China * * * production party organization to absorb the new party member's political censorship; 3. National laws, regulations and rules stipulate that citizens must practice under the premise of "no criminal record"; 4. Citizens shall apply to the notary office for notarization of illegal and criminal records according to law. In addition, the "Regulations" clarify the circumstances that are not included in the scope of proof: 1, the political review of conscription and the political review of enrollment in military and police colleges, and the investigation of criminal suspects or public security violations by public security departments and state security organs, according to the original methods. 2, discipline inspection and supervision departments at all levels to the public security organs to understand the illegal and criminal situation of party and government personnel in society, according to the relevant provisions, not included in the scope of the provisions of the "proof".