Introduction: We saw in the film and television drama that the police officer said that this person has a case background, the case background is not a legal term is a colloquial language, referring to the criminal record with a criminal record, then, how many years does the person with a criminal record cancel the case? Can the case be checked casually? Have you ever been criminally detained and can you take the civil service exam?
How many years does it take for someone with a previous conviction to cancel the case?
The mainland does not have a system of eliminating previous convictions, and there is no way to eliminate the "case bottom". In mainland law, the case background generally refers to the file record of having a criminal record, and the criminal file is generally stored in the public security department for preservation. Criminal records are kept permanently and can be found in the network of public security organs at any time.
However, where minors commit crimes and the sentencing time is less than five years, a system of sealing criminal records is implemented, and inquiries must not be made to the outside world except as necessary for handling the case. Where they were under the age of 18 at the time of the crime and were sentenced to a sentence of five years' imprisonment or less, the relevant criminal records shall be sealed. Where criminal records are sealed, they must not be provided to any unit or individual, except where judicial organs need to handle cases or where relevant units conduct inquiries in accordance with State regulations. Units conducting inquiries in accordance with law shall preserve the confidentiality of the sealed criminal records, and after sealing them are equivalent to having no previous convictions.
In many countries, there are provisions for the extinction of previous convictions in criminal law theories or criminal legislation, and generally stipulate that the following two conditions must be met for the extermination of previous convictions:
(1) Having served or been exempted from prison after the conviction has been convicted;
(2) No new offence has been committed within the prescribed time limit.
Some countries also provide for early parole for ex-offenders under certain conditions. The system of ex-offenders' ex-off and revocation or parole helps to lift the mental burden on offenders with prior convictions, enhances their confidence and courage to reinvent themselves and promotes the rehabilitation and reintegration of offenders into society.
Can the case be checked casually?
For general illegal records, except for those who need to apply for a certificate of no criminal record, and lawyers and judicial organs need to obtain approval from relevant departments to handle cases, others cannot be inquired.
1. Inquiries by state organs: State organs inquire about relevant criminal information from the criminal personnel information registration organs based on the needs of handling cases, and the relevant organs shall cooperate. Of course, the relevant formalities should still be performed.
2. The lawyer's authority to inquire about criminal records
Where defense lawyers request inquiries into the criminal records of criminal suspects or defendants in this case in order to lawfully perform their defense duties, they shall allow it.
3. Inquiry authority of ordinary citizens
Ordinary citizens must not arbitrarily inquire into the criminal record information of others. Where it is truly necessary to inquire into others' criminal information, corresponding written materials (mainly for the purpose of the inquiry) shall be provided upon the requirements of the information management organs, and after review and approval, relevant criminal record inquiries may be conducted.
When providing criminal information inquiry services to the public, organs for the management of criminal record information shall strictly follow laws and regulations on qualifications and conditions for further education, enlistment, employment, and so forth. Where staff do not provide information in accordance with provisions, or intentionally provide false or falsified information, and the circumstances are serious or cause serious consequences, the responsibility of relevant personnel shall be pursued in accordance with law.
Have you ever been criminally detained and can you take the civil service exam?
Criminal detention does not mean that he is necessarily guilty, and criminal detention is only a coercive measure. That is to say, a person is a criminal suspect and has a serious criminal suspicion, but it does not mean that he is necessarily a criminal. So suppose someone is in criminal detention, but in the case of entering the court and acquitting, the person's previous criminal detention can apply for state compensation. And the person can also take the civil service examination. However, until the court has not sentenced and the case has not been clearly investigated, a person involved in the case cannot be admitted as a civil servant.
Under normal circumstances, those who are criminally detained are sentenced, and those who are sentenced are not allowed to take the civil service examination. When examining civil servants, political censorship cannot be passed, and the following are the acts that affect political adjudication:
1) Disseminating speech that is detrimental to the reputation of the country, organizing or participating in rallies, marches, demonstrations and other activities against the state
2) Organizing or participating in illegal organizations or participating in strikes
3) Embezzlement, bribery, or taking advantage of one's position to seek private interests for oneself or others
4) Abuse of power, infringement of the legitimate rights and interests of citizens, legal persons or other organizations
5) Divulging state or work secrets
6) Participate in or support activities such as pornography, gambling, poisoning, and superstition
7) Those that are under review for political, economic or other issues and have not yet been concluded
8) Those who have received criminal punishment or re-education through labor
9) Have been expelled from public office, party membership, or school membership
10) Serious fraud in the national statutory examination
11) Have been punished by a major demerit, demotion, removal, or probation, and fresh graduates have received disciplinary sanctions of "demerit" or above during their school period and have not yet been lifted
12) The previous year's annual assessment was determined to be incompetent or the previous two years' annual assessment was made twice as basically competent (basically qualified)
13) A spouse or immediate family member has been sentenced to death or is serving a sentence, and a collateral relative who has an important influence on the person has been sentenced to death, life imprisonment or imprisonment for more than 10 years and is serving a sentence
14) Where immediate family members or collateral relatives who have a major impact on them are sentenced to crimes of endangering national security, or other such circumstances, applying for the examination for a political and legal organ
15) Where a spouse, immediate family member, or a collateral relative who has a major impact on the person is being filed for review, or is sentenced to a criminal law of fixed-term imprisonment or above and is currently serving a sentence, etc., those who apply for the examination for the relevant government organs are deemed to have failed the political review
16) Where immediate family members or collateral relatives who have a major impact on them engage in activities endangering national security outside the country or abroad, and they cannot draw a clear line with them, they are also deemed to have failed the political review
Source: Fa Da public account