Measures for the administration of public security business files Article 41 The storage period of business files can be divided into three types: permanent, long-term and short-term. The long term is 16 to 50 years, and the short term is below 15 years. The storage period of all kinds of files is as follows: criminal investigation files: extraordinarily serious and important cases, permanent; General, long term. Public security punishment file, short term.
First, there is no criminal record without a court decision.
As long as it is a case handled by the public security organ, there will be relevant records on file for future reference. Criminal detention and bail pending trial are only compulsory means in criminal proceedings, and cannot indicate criminal record. Only those who have been sentenced by the court have criminal records.
Provisions on the Work of Zhejiang Public Security Organs to Prove whether there is a Criminal Record (Trial) Article 5 The matters mentioned in these Provisions do not include the following situations: (1) Administration: 1. Public security mediation agreement, no penalty decision; 2. Warnings, confiscation of illegal income, confiscation of illegal property, temporary suspension or revocation of licenses, and fines for traffic violations (those who apply for school bus driving qualifications shall be handled in accordance with the provisions of the Regulations on School Bus Safety Management); 3. Administrative measures such as summoning (compulsory summoning), continuing questioning and detention review; 4 administrative punishment decisions made by other administrative organs. (2) Criminal: 1. The criminal reconciliation agreement and the decision to cancel the criminal case; 2. Because there are no criminal facts (including insufficient evidence) or one of the circumstances stipulated in Article 15 of the Criminal Procedure Law, the decision of non-prosecution made by the procuratorial organ and the acquittal made by the court; 3. Information on criminal compulsory measures such as summons, bail pending trial, residential surveillance, criminal detention and arrest.
Second, not everyone can check the criminal record.
Some friends made a mistake for a while, and were detained in administrative detention or sentenced to jail, just like a black label on their eyebrows, which will never be revealed. It's so depressing The government wants us to turn over a new leaf Why does the system label us black? This kind of control needs, who let us make mistakes. For criminal records, some judgments and rulings can be found online, but not all. This is also designed according to the legal system, because the Criminal Procedure Law stipulates that all criminal cases must be tried in public. For general illegal records, except that I need to apply for a certificate of no criminal record, lawyers and judicial organs need to be approved by relevant departments before handling cases, and others can't be found. For example, a woman who has lost her feet is afraid that her husband will find prostitution records after marriage, and a man is afraid that his wife will find prostitution records. You don't have to worry about these, as long as you don't break the law and commit crimes, others can't ask.
Three. Special protection for minors:
In order to help juvenile offenders turn over a new leaf, China implements a system of exemption from reporting and sealing files for juvenile crimes, and enlistment and employment are not affected by criminal stains.
Article 100 of the Criminal Law A person who has been subjected to criminal punishment according to law shall truthfully report to the relevant unit that he has been subjected to criminal punishment when he joins the army or is employed, and shall not conceal it. A person who 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 shall be exempted from the reporting obligation stipulated in the preceding paragraph. Article 275 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that if a person was under the age of 18 at the time of committing a crime and was sentenced to fixed-term imprisonment of not more than five years, the relevant criminal records shall be sealed. 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.
Fourth, what impact will the criminal record have on the parties?
It is difficult to explain in detail how the criminal stain affects the parties. Ordinary life will not be affected, such as buying a house and flying, but I can no longer engage in some more glorious occupations in society, such as civil servants, lawyers and teachers. Parents have criminal records. As long as their children have no improper words and deeds, they will generally not affect joining the army and entering universities, but they will still be affected for some socially sensitive positions. For example, when recruiting police assistants in a county, it is clearly stipulated that some cases cannot be registered: spouses, immediate family members or third-generation collateral relatives have been sentenced to death and committed serious crimes such as endangering national security. Due to crimes committed by relatives, most of the situations that affect the political review are "soft indicators" that are not clearly defined, and they are all grasped by the political review personnel in time.
Article 24 of the Civil Service Law The following persons shall not be employed as civil servants: (1) Those who have been criminally punished for crimes; (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.
Concluding remarks
Criminal record, whether it affects myself or my children, those stains can't be erased, which is a pain in my heart forever! Here, I would like to advise all my friends to study, understand and act according to law, and cherish the honor of life!