Is detention a criminal record?

If you have been detained, but have not gone through the legal procedures of court trial and conviction, you will not have a criminal record. The specific reasons are as follows:

1, criminal record means that the court tried and found guilty, which is a criminal record. Just being detained, of course, can't be identified as having a criminal record;

2. Detention is divided into criminal detention and administrative detention. Administrative detention is not a criminal record. However, the record of administrative detention is only 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. Criminal detention is a compulsory measure and investigation means to temporarily deprive the criminal suspect of personal freedom who violates the criminal law. The general criminal detention period is three days, and the detention period can be extended to 30 days for criminal suspects who commit crimes in partnership or escape. During the period of criminal detention, if the public security organ considers that the evidence of the crime is conclusive, it shall send it to the procuratorate for arrest. The public security organ shall immediately release the criminal suspect whose evidence is insufficient or whose circumstances are obviously minor and do not constitute criminal punishment, that is to say, there will be no criminal record in this case.

Legal basis: Article 82 of the Criminal Procedure Law of People's Republic of China (PRC).

The public security organ may detain an active criminal or a major suspect in any of the following circumstances:

(1) Being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime;

(2) The victim or a witness on the spot identifies him as a criminal;

(3) criminal evidence is found around him or at his residence;

(four) attempted suicide, escape or escape after committing a crime;

(5) It is possible to destroy or forge evidence or collude with others;

(six) do not speak the real name and address, the identity is unknown;

(7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.