How long will the criminal record be automatically erased?

Criminal records will not be automatically eliminated, but will be kept forever. If a party commits a criminal act and is given criminal punishment by the judicial organs according to law, he shall truthfully inform the relevant units of his criminal punishment when he joins the army or is employed, and shall not conceal or lie.

Although the criminal record cannot be eliminated, the law makes an exception. According to the regulations, a criminal or defendant who was under 18 years old at the time of committing a crime and was sentenced to fixed-term imprisonment of not more than five years by the court may be exempted from the obligation to declare criminal records. This provision is mainly to protect the physical and mental health of minors and embodies the humanitarian spirit of criminal law.

To sum up, as far as the punishment of criminal law is concerned, as long as a crime is sentenced, there will be a criminal record, which will accompany the parties for life, and there is no such thing as automatic elimination. The purpose of the elimination system without criminal record is mainly to deter criminals and educate potential criminals in society in order to maintain social stability and order.

legal ground

Article 100 of the Criminal Law

Criminal record reporting system A person who has been criminally punished according to law shall truthfully report to the relevant units the criminal punishment he has received when he joined the army or was 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.

Extended information 1. Ordinary citizens can't find criminal records on the open network, and they must go to the public security intranet to find them. If you want to get to the bottom of it, you must apply to the relevant legal department, and you can check it if there are relevant procedures. 3. You also need to apply to check whether there is a criminal record. For details, please call the local police station or 1 10, and the application process will answer you.

Article 286 of the Criminal Procedure Law of People's Republic of China (PRC) * * * 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.

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.

The Supreme People's Court the Supreme People's Procuratorate Ministry of Public Security Ministry of National Security Ministry of Justice "Opinions on Establishing Criminal Record System for Criminals" Criminal record is an objective record of criminals by special state organs. Criminal record system is an important part of modern social management system. In order to meet the needs of economic and social development in the new era, further promote social management innovation, maintain social stability and promote social harmony, we now put forward the following opinions on establishing a criminal record system in China.