The elimination of misdemeanor criminal records has been legislated

The expungement of misdemeanor convictions has been enacted.

1. The sentence has expired or the sentence has been exempted after the guilty verdict;

2. No new crime has been committed within the prescribed period;

3. For minors Persons who have been released from custody or have completed their sentence will not be discriminated against when returning to school or employment;

4. Those with a criminal record who commit another offense within three years will be subject to an increased penalty; if they commit another offense after more than three years, the increased penalty will not be applicable. However, judges usually impose heavier sentences;

5. People with criminal records are generally not suitable for lighter sentences, but for heavier sentences.

The impact of criminal records:

1. Employment restrictions: Some industries or positions may set thresholds for people with criminal records to limit their employment opportunities;

< p>2. Damage to credibility: Criminal records may affect an individual’s social reputation, leading to negative impacts on social and career development;

3. Difficulty in visa application: Criminal records may increase the difficulty in applying for a visa or It is difficult to immigrate, and some countries may refuse entry to people with criminal records;

4. Social discrimination: There may be prejudice and discrimination against people with criminal records in society, which affects their normal social interactions;

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5. Increase in insurance costs: People with criminal records may be required to pay higher premiums when applying for insurance.

To sum up, the legislation on the misdemeanor criminal record expungement system aims to provide opportunities for those who have served their sentences and have not committed another crime within the specified period, and to reduce the impact of minors’ criminal records on their future education and employment. Discrimination, and at the same time, a penalty increase clause is set for people with a criminal record who commit another offense within three years. Although the penalty will not be increased if the person commits a crime more than three years ago, the judge tends to impose a heavier penalty and generally does not apply lighter sentences to ensure the legal compliance. Seriousness and impartiality.

Legal basis:

"Criminal Procedure Law of the People's Republic of China"

Article 286

If a person was under 18 years old at the time of committing a crime and is sentenced to a fixed-term imprisonment of not more than five years, the relevant criminal records shall be sealed. Criminal records that have been sealed shall not be provided to any unit or individual, except when the judicial authorities need to handle the case or the relevant unit conducts inquiries in accordance with national regulations. Units that conduct inquiries in accordance with the law shall keep the status of sealed criminal records confidential.

"Criminal Law of the People's Republic of China"

Article 100

Persons who have been criminally punished in accordance with the law shall, when joining the army or seeking employment, Report truthfully to the relevant units that you have been subject to criminal punishment and shall not conceal it.

Persons who were under the age of 18 at the time of the crime and were sentenced to fixed-term imprisonment of not more than five years shall be exempted from the reporting obligations stipulated in the preceding paragraph.