Description of how long the criminal record will be automatically erased:
1, the criminal detention record will not be erased;
2. Whether there is a criminal record or criminal record depends on whether it is criminal detention or administrative detention. Criminal detention will have a criminal record and will not be automatically eliminated. Administrative detention has no criminal record. Administrative detention is a kind of administrative punishment. The local public security organ will keep the relevant files and punishment records of administrative punishment. But the records are not open to anyone.
The purpose and legal basis for the public security organs to keep criminal records and files;
1, so as to save the case materials for the superior to check for the record;
2, in order to give the parties to the case (including the person being processed and the case handler) to make a record when reviewing the case;
3. In order to ensure that the treated person will violate the law or even commit crimes again in the future, as his previous experience, as a reference for treatment;
4. Pregnant or nursing a baby under one year old. 、
Relevant provisions on administrative detention:
1. There is no system of eliminating criminal records in China, and these records will accompany the parties for life;
2. Administrative detention is an administrative punishment. The local public security organ will keep the relevant files and materials of administrative punishment records;
3. Administrative detention is the most severe administrative punishment, which is usually applied to cases where serious violation of public security management does not constitute a crime, and warnings and fines are not enough to punish;
4. After the announcement of the administrative detention decision, during the application for reconsideration and administrative litigation, if the punished person and his relatives find a guarantor or pay a deposit in accordance with the regulations, they may apply to the administrative subject for suspending the execution of administrative detention.
5. Records are not open to anyone, and only when judicial organs or lawyers handle criminal cases and report to the competent authorities for approval can they be provided to the outside world, and no inquiry business is provided to ordinary units or individuals;
6. The illegal record has little impact on the later life of the parties, but the criminal record will have an impact on the parties and their children.
To sum up, criminal record mainly means that if some criminal measures are taken, there will be relevant records in personal files. If there is a criminal record, it will not be automatically eliminated for a long time.
Legal basis:
Article 286 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.