The criminal record will not be eliminated, but will accompany the individual's life. However, 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. ?
Opinions of the Ministry of Public Security, the Ministry of National Security and the Ministry of Justice, the Supreme People's Procuratorate and the Supreme People's Court, on establishing a criminal record system?
What are the main contents of the criminal record system?
(1) Establish a criminal database?
In order to strengthen the effective management of criminal information, relying on the existing network and resources of political and legal organs, public security organs, state security organs, people's procuratorates and judicial administrative organs have established relevant record information databases and realized interconnection, and a unified national criminal information database will be established when conditions are ripe. ?
The information entered by the criminal information registration authority shall include the following contents: the basic information of the offender, the names of the procuratorial organ (private prosecutor) and the judicial organ, the number of the judgment, the date when the judgment was finalized, the crime committed, the penalty imposed and the execution of the penalty, etc. ?
(2) Establish a criminal information notification mechanism?
The people's court shall promptly notify the criminal information registration authority of the relevant information such as the effective criminal judgment documents. ?
Prisons and detention centers shall promptly send the Notice of Released Prisoners to the criminal information registration authority where the released prisoners have their household registration. ?
The judicial administrative organ at the county level shall promptly send the Notice of Expiration of Corrections for Community Prisoners to the criminal information registration organ at the place where the corrections personnel are registered. ?
Based on the needs of handling cases, state organs should inquire about criminal information from the criminal information registration authority, and the relevant authorities should cooperate. ?
(3) standardize the criminal information inquiry mechanism?
Public security organs, state security organs, people's procuratorates and judicial administrative organs are respectively responsible for accepting, examining and handling criminal record inquiries. ?
When providing criminal information inquiry services to the society, the above-mentioned organs shall strictly follow the provisions of laws and regulations on the qualifications and conditions for continuing education, enlistment and employment. ?
In order to perform the defense duties according to law, the defense lawyer asked to inquire about the criminal records of the suspects and defendants in this case, except that the criminal records involving minors were sealed by law enforcement agencies according to law. ?
(4) Establish a system of sealing juvenile criminal records?
In order to thoroughly implement the policy of "education, probation and salvation" and the principle of "education first, punishment second" by the party and the state, and effectively help juvenile offenders return to society, according to the relevant provisions of the Criminal Procedure Law, combined with the reality of the protection of minors in China, the system of sealing criminal records of juvenile offenders is established.
The criminal records of minors under the age of 18 at the time of committing the crime and sentenced to fixed-term imprisonment of not more than five years shall be sealed up. After the criminal record is sealed, it shall not be provided to any unit or individual except for the needs of the judicial organs in handling cases or the inquiries made by the relevant units according to state regulations. Units that inquire according to law shall keep the sealed criminal records confidential. ?
Law enforcement agencies can keep criminal records of minors as work records.
Extended data:
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People with criminal records can't do the following jobs?
First, the judge?
People's Republic of China (PRC) judge law?
Article 10 The following persons shall not serve as judges:
(1) Having received criminal punishment for committing a crime; ?
(2) Being expelled from public office. ?
Second, people's jurors?
Decision of the Standing Committee of the National People's Congress on Improving the People's Jury System?
Article 6 The following persons shall not serve as people's jurors:
(1) Having received criminal punishment for committing a crime; ?
Third, the prosecutor?
Law of the People's Republic of China on Public Prosecutors?
Article 11 The following persons shall not serve as public prosecutors:
(1) Having received criminal punishment for committing a crime; ?
(2) Being expelled from public office. ?
Fourth, civil servants?
People's Republic of China (PRC) civil servant law?
Twenty-fourth the following persons shall not be employed as civil servants:
(1) Having received criminal punishment for committing a crime; ?
(2) Being expelled from public office; ?
(three) there are other circumstances in which the law stipulates that it is not allowed to be employed as a civil servant. ?
5. Lawyer?
People's Republic of China (PRC) Lawyers Law?
Article 7 An applicant shall not be issued a lawyer's practice certificate under any of the following circumstances:
(1) Having no or limited capacity for civil conduct; ?
(2) Having been subjected to criminal punishment, except for negligent crimes; ?
(3) Being expelled from public office or having his lawyer's practice certificate revoked. ?
Article 49 If a lawyer is subject to criminal punishment for intentional crime, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke his lawyer's practice certificate. ?
Sixth, the defender?
People's Republic of China (PRC) Criminal Procedure Law (revised 20 12)?
Article 32 A person who has been sentenced to criminal punishment or deprived or restricted of personal freedom according to law shall not act as a defender. ?
China Chang 'an Net-Notice on "Opinions on Establishing Criminal Record System for Criminals"
Baidu Encyclopedia-Judge Law
Baidu Encyclopedia-Prosecutor Law