2. Through credit inquiry.
Legal basis: Opinions 2 on establishing a criminal record system. The main contents of the criminal record system.
(1) Establish a criminal information database
In order to strengthen the effective management of criminal information, relying on the existing networks and resources of political and legal agencies, public security agencies, national security agencies, people's procuratorates, judicial Administrative agencies will establish relevant record information databases and achieve interconnection. When conditions are ripe, a national unified criminal information database will be established.
The information entered by the criminal information registration authority shall include the following: basic information of the offender, the name of the procuratorial agency (private prosecutor) and the trial agency, the judgment number, the date of the judgment, the crime committed, the sentence imposed and the penalty Implementation status, etc.
(2) Establish a criminal information reporting mechanism. People's courts should promptly notify relevant information such as effective criminal judgment documents to the criminal information registration authority.
Prisons and detention centers should promptly send the "Notice of Released Persons" to the criminal information registration authority at the place of residence of the released person.
County-level judicial administrative organs shall promptly send the "Notification of Expiration of Correction Period for Community Prisoners" to the criminal information registration authority at the place of residence of the correctional officer.
Based on the needs of handling cases, state agencies should inquire about criminal information from criminal information registration agencies, and relevant agencies should cooperate.
(3) Standardize the criminal information inquiry mechanism. Public security agencies, national security agencies, people's procuratorates and judicial administrative agencies are respectively responsible for accepting, examining and processing criminal record inquiries.
When the above-mentioned agencies provide criminal information inquiry services to the society, they shall strictly comply with the provisions of laws and regulations on the qualifications and conditions for continuing education, enlistment, and employment.
In order to perform defense duties in accordance with the law, the defense lawyer requested to inquire about the criminal records of the suspects and defendants in this case, except for cases where criminal records involving minors have been sealed by law enforcement agencies in accordance with the law.
(4) Establish a custody system for juvenile criminal records.
In order to thoroughly implement the party and the state’s policy of “education, reform and rescue” for juvenile offenders and the principle of “education first, punishment supplementary” and effectively help juvenile offenders return to society, according to the criminal procedure The relevant provisions of the law, combined with the actual protection of minors in our country, should establish a juvenile criminal record sealing system to seal the criminal records of minors under the age of 18 who have been sentenced to fixed-term imprisonment of less than five years. After the criminal record is sealed, it shall not be provided to any unit or individual except when it is necessary for the judicial authorities to handle the case or when relevant units make inquiries in accordance with national regulations. Units conducting inquiries according to law shall keep sealed criminal records confidential.
Law enforcement agencies may retain juvenile criminal records as work records.
(5) Clarify the responsibilities for handling criminal information in violation of regulations.
The departments responsible for providing criminal information and their staff should provide relevant information to the criminal information registration authorities in a timely and accurate manner. If information is not provided as required, or information is intentionally provided that is false or falsified, and the circumstances are serious or serious consequences are caused, the relevant personnel will be held accountable in accordance with the law.
The departments responsible for the registration and management of criminal information and their staff should carefully register and properly manage criminal information. If any person fails to register criminal information or provide inquiry services in accordance with regulations, or leaks criminal information in violation of regulations, and the circumstances are serious or serious consequences are caused, the relevant personnel shall be held accountable in accordance with the law.
Units and individuals that use criminal information should use relevant information according to the purpose of the inquiry and keep the criminal information confidential. If criminal information is not used in accordance with regulations, and the circumstances are serious or serious consequences are caused, the relevant personnel will be held accountable in accordance with the law.