Is being detained a criminal record?

1. There will be no criminal record after being punished by administrative detention. Criminal record refers to the record of a person's criminal behavior, also known as criminal record system. Administrative detention must be illegal, but it is not necessarily a crime.

2. Administrative detention is not a criminal record. However, administrative detention will be recorded in the public security organs. Those who are punished by administrative detention cannot issue a certificate of no criminal record, which may adversely affect the political review of immigrants, civil servants and employees of special departments.

3. If you are acquitted after criminal detention, it does not constitute a crime and there is no criminal record.

4. After being detained in criminal detention, because the crime is not very serious, he will be exempted from prosecution and will have a criminal record. After criminal detention, if you are suspected of committing a crime and are charged and convicted, you will also have a criminal record.

Is administrative detention the same as criminal detention?

Both administrative detention and criminal detention are executed by public security organs, but there are essential differences between them:

1, the legal nature is different. Although administrative detention is the most severe punishment in administrative punishment, it is only a means of administrative punishment; Criminal detention is a compulsory measure to ensure the smooth progress of criminal proceedings, not a sanction.

2. The applicable objects are different. The object of administrative detention is mainly the offender who violates the law of public security administration punishment and has not yet constituted a crime; Criminal detention is like a flagrante delicto or a major criminal suspect who has violated the criminal law and needs to be investigated for criminal responsibility.

3. The application purposes are different. The purpose of administrative detention is to punish and educate offenders through this punishment; The purpose of criminal detention is to prevent or stop active criminals and major criminal suspects from evading or obstructing criminal proceedings.

4. The applicable organs are different. Administrative detention can only be applied by public security organs, and the decision-making power of criminal detention lies with public security organs and people's procuratorates.

5. Different detention periods. 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.

As can be seen from the above, citizens who have been subjected to criminal punishment will leave a criminal record, but administrative detention and criminal detention are not criminal punishment, so they will not leave a criminal record.

Legal basis:

Administrative punishment law

Article 8?

Citizens, legal persons or other organizations that are subject to administrative punishment for illegal acts shall bear civil liability according to law if their illegal acts cause damage to others.

If an illegal act constitutes a crime and criminal responsibility should be investigated according to law, administrative punishment shall not be used instead of criminal punishment.

Public security administration punishment law

Article 107

If the punished person refuses to accept the decision on administrative detention and applies for administrative reconsideration or brings an administrative lawsuit, he may apply to the public security organ for suspending the execution of administrative detention. If the public security organ thinks that the suspension of administrative detention will not cause social danger, the punished person or his near relatives shall provide a guarantor who meets the conditions stipulated in Article 108 of this Law, or pay a deposit according to the standard of 200 yuan per day for administrative detention, and the punishment decision of administrative detention shall be suspended.