Can I issue a certificate of innocence after reeducation through labor?

Whether a person who has been reeducated through labor can issue a certificate of innocence mainly depends on whether reeducation through labor is regarded as a criminal act and the provisions of relevant local policies.

First, the nature of reeducation through labor and criminal record

Reeducation through labor, that is, reeducation through labor, is an administrative punishment measure once implemented in China, which mainly aims at compulsory education and reform for people with minor illegal circumstances but bad hobbies. However, reeducation through labor is not the same as criminal punishment, and it does not involve criminal conviction and penalty execution. Therefore, strictly speaking, reeducation through labor itself does not constitute a criminal record.

Second, the conditions for the issuance of proof of no crime

The certificate of no crime is usually used to prove that an individual has no criminal record for a certain period of time, so that it can be used in job hunting, going abroad, immigration and other occasions. The issuance of a certificate of no crime generally requires the applicant to provide proof of identity and related application materials, which will be audited by the public security organ or relevant departments.

The relevant departments will check the applicant's criminal record when issuing the certificate of no crime. Because reeducation through labor is not a criminal punishment, under normal circumstances, there will be no record of reeducation through labor in the certificate of no crime. However, it should be noted that there may be differences in the identification and handling of reeducation-through-labor records in different regions and departments.

Third, the handling of specific situations.

In some special cases, if the applicant needs to prove that he has not violated the law within a certain period of time, including the record of reeducation through labor, then he may encounter some difficulties in issuing the certificate of innocence. At this time, the applicant needs to provide detailed explanations and proof materials to the relevant departments in order to obtain the innocence certificate.

In addition, with the continuous advancement of the rule of law and the improvement of the judicial system, the reform of the reeducation-through-labor system is also gradually carried out. In the future, the reeducation-through-labor system may be gradually replaced by a more reasonable and fair system, which will also affect the relevant policies and regulations for reeducation-through-labor personnel to issue innocence certificates.

To sum up:

Whether a person through reeducation through labor can issue a certificate of innocence needs to be judged according to relevant local policies and regulations. Under normal circumstances, there will be no record of reeducation through labor in the innocence certificate, but the applicant still needs to provide necessary explanations and supporting materials according to the specific situation. At the same time, with the advancement of the rule of law and the improvement of the judicial system, relevant policies may also be adjusted.

Legal basis:

Criminal law of the people's Republic of China

Article 100 stipulates:

Persons who have received criminal punishment according to law shall truthfully report to the relevant units that they have received criminal punishment when they joined the army or were employed, and shall not conceal it.