Legal analysis
Criminal records will not be erased. At present, China's legislation and judicature have not clearly stipulated the system of eliminating criminal record. What people usually call "criminal record" generally refers to a criminal record, that is, a criminal record and a criminal record. Criminal punishment records can be found in public security organs, procuratorates and courts. Those sentenced to probation can also be found in the Judicial Bureau. Administrative detention is a kind of administrative punishment. The local public security organ will keep the relevant files and punishment records of administrative punishment. In China's legal practice, people who have received criminal punishment have criminal records that can't be eliminated for life, regardless of the severity of the crime, the size of subjective malignancy, and whether they have completely repented. As one of the legal obligations arising from having a criminal record, according to the relevant laws and regulations, a person who has been subjected to criminal punishment according to law shall truthfully report the criminal punishment to the relevant units when he joins the army or is employed, and shall not conceal it. "A person who has been criminally punished according to law" means that according to the provisions of China's criminal law, the behavior of the actor constitutes a crime and is sentenced to punishment by the people's court. It should be noted that a person who is decided not to prosecute by the procuratorate or exempted from criminal punishment by the people's court is not a person who has been criminally punished. Generally speaking, as long as you don't work in state-owned enterprises and institutions, the employment problem in other work units should have no impact. Criminal record refers to the fact and punishment of the last crime, which is often used with criminal record, that is, he has been punished for some reason before. People with criminal records have committed new crimes. If he meets the requirements of recidivism, he constitutes a recidivist and should be severely punished. A person with a certain criminal record cannot hold certain posts, for example, a person deprived of political rights cannot hold a post of assistant judge or above in the People's Court of China. Those who have violated the law and received administrative punishment cannot be regarded as having a criminal record.
legal ground
Article 175 of the Procedures for Handling Criminal Cases by Public Security Organs: After accepting a case, the public security organ considers that the criminal facts that need to be investigated for criminal responsibility belong to its own jurisdiction, and shall file a case with the approval of the person in charge of the public security organ at or above the county level; If it is considered that there are no criminal facts, or the criminal facts are obviously minor and need not be investigated for criminal responsibility, or there are other circumstances in which criminal responsibility is not investigated according to law, the case shall not be filed with the approval of the person in charge of the public security organ at or above the county level.
If a complainant decides not to file a case, the public security organ shall make a notice of not filing a case and serve it on the complainant within three days.