Is there a record of administrative detention?

A: Hello, administrative detention is not a criminal record, but people who have received administrative punishment will have records of illegal acts in public security organs. Although such records are not open to anyone, the records of administrative detention are still kept in public security organs for a long time and can be consulted. Administrative detention is the most severe administrative punishment, which is usually applied to acts that seriously violate public security management but do not constitute a crime. Warnings and fines are not enough to punish. Therefore, the law has strict regulations on its establishment, implementation conditions and procedures. The longest period of administrative detention is 15 days, and the longest period of detention is 20 days. The longest period of criminal detention in general cases is 14 days (including the period of arrest approved by the people's procuratorate), and the longest period of detention for major criminal suspects who commit crimes on the run, commit crimes many times, and commit crimes in collusion is 37 days.

Administrative detention is not a criminal record, but the administrative detention record must be available in the public security department of the public security organ, which may adversely affect the political examination of the parties who apply for civil servants and employees of special departments. People who have been punished by administrative detention cannot issue a certificate of no criminal record, which may have a certain impact on immigration and going abroad.

Legal basis:

Criminal Procedure Law of the People's Republic of China

Article 12 No one shall be found guilty without a judgment of the people's court according to law.

People's Republic of China (PRC) Public Security Administration Punishment Law

Article 103 A person who has been decided on administrative detention shall be sent to a detention center for execution by the public security organ that made the decision.

According to the Notice of the Ministry of Public Security and the Ministry of Justice of the Ministry of National Security on the Opinions on Establishing a Criminal Record System in the Supreme People's Procuratorate, the Supreme People's Court:

Criminal record refers to the record of someone's criminal behavior. Also known as the criminal record system, in our country's law, it generally refers to the archival records of criminal records, which are generally kept in the public security department.