1. How to check whether a person has a criminal record?
1. It is difficult for ordinary citizens to find other people's criminal records. In China, there is a strict criminal record information inquiry mechanism. Generally, only specific public security organs or lawyers can make inquiries based on the needs of handling cases, and they must fulfill their confidentiality obligations.
2. Legal basis: Article 286th of the Criminal Procedure Law of People's Republic of China (PRC).
If he was under the age of 18 at the time of committing the crime and was sentenced to fixed-term imprisonment of not more than five years, the relevant criminal records shall be sealed up. If the criminal record is sealed, it shall not be provided to any unit or individual, except for the need of judicial organs to handle cases or the relevant units to make inquiries in accordance with state regulations. Units that inquire according to law shall keep the sealed criminal records confidential.
Second, under what circumstances is there a criminal record?
As long as the case involved is finally proved to be true, it will leave a criminal record, regardless of whether it is actually punished:
(1) is generally a criminal case with a criminal record, which generally refers to a person's record of past crimes or criminal acts. Also known as the criminal record system, in our country's law generally refers to the file records of criminal records, which are generally kept in the public security department;
(2) 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 materials of administrative punishment records;
(3) There is no system of eliminating criminal record in China, and these records will accompany the parties for life, but the above two records are not open to anyone. Only when the judiciary or lawyers handle criminal cases will the records be submitted to the competent authorities for approval and then provided to the outside world. Do not provide inquiry services to ordinary units or individuals. Therefore, administrative detention will have no impact on future life.