Legal Analysis
If the defense lawyer requests to inquire about the criminal records of the suspects and defendants in the relevant cases, it can be inquired. Ordinary citizens are generally not allowed to inquire about other people's criminal record information. If they really need to inquire about other people's criminal information, they should provide corresponding written materials as required. Only after review and approval can they inquire about relevant criminal records. The law clearly stipulates the implementation of a criminal record sealing system for minors with criminal records, so that minors with criminal records can enjoy the same legal rights as other normal people, so that they can truly reform and return to society. If criminal records are sealed, they shall not be provided to any organization or individual except for the needs of judicial organs for handling cases or for inquiries by relevant units in accordance with national regulations. It should be noted that units that inquire according to law shall keep them confidential. When providing bribery crime information inquiry services to the public, the bribery crime file information management agencies shall strictly comply with the provisions of laws and regulations. If a staff member fails to provide information in accordance with regulations, or intentionally provides false or falsified information, and the circumstances are serious or causes serious consequences, the relevant personnel shall be held accountable in accordance with the law.
Legal Basis
Article 286 of the "Criminal Procedure Law of the People's Republic of China" Anyone who was under 18 years old at the time of committing the crime and was sentenced to a penalty of not more than five years in prison , relevant criminal records should be sealed. If criminal records are sealed, no unit or individual may access them, except when judicial organs need to handle cases or relevant units conduct inquiries in accordance with national regulations. Units that conduct inquiries in accordance with the law shall keep confidential the sealed criminal records.
Article 331 of the "Procedural Regulations for the Handling of Criminal Cases by Public Security Organs" stipulates that if a minor is under the age of 18 when he commits a crime and is sentenced to a penalty of less than five years in prison, the public security organ shall make the effective judgment of the People's Court. Seal his criminal record. When criminal records are sealed, the public security organs shall not provide them to any other unit or individual except for the needs of judicial organs for handling cases or for inquiries by relevant units in accordance with national regulations. If a minor whose criminal record has been sealed is found to have missed a crime and is concurrently sentenced to more than five years in prison, the seal on his or her criminal record shall be lifted.